Alabama officer won’t be charged in mall shooting

Alabama officer won’t be charged in mall shooting
Benjamin L. Crump via CNN
File photo of Emantic Fitzgerald Bradford Jr., known as E.J., dressed in basic training Army fatigues. The photo was released by the family attorney, Benjamin L. Crump. Bradford Jr. said on his Facebook page he was a US Army combat engineer. An Army spokesman told CNN he never completed advanced individual training and did not officially serve in the Army.

The police officer who killed Emantic Bradford Jr. at a Birmingham-area mall on Thanksgiving night “did not commit a crime … and thus will not be criminally charged for his actions,” Alabama Attorney General Steve Marshall said Tuesday.

Marshall said it was also his understanding that the FBI will not be initiating a civil rights case against the officer.

Benjamin Crump, the attorney for Bradford’s family, in a statement called Marshall’s determination “outrageous and beyond comprehension” and said the attorney general had concluded “that it was reasonable for a trained law enforcement officer to fatally shoot an innocent civilian, one whose only action was an attempt to help protect the public and whose only ‘crime’ was being black.”

The Hoover, Alabama, officer, who has not been identified, was working mall security Thanksgiving night when he killed Bradford after a shooting that left two people injured.

Hoover police initially identified Bradford, 21, as the suspect, then recanted and said he brandished a weapon — only to recant that statement as well, saying Bradford was mistaken for an active shooter because he was holding a gun at the scene, which “immediately heightened the sense of threat to approaching police officers.”

Witnesses have said Bradford, armed with a permitted weapon, was helping mall patrons when the officer shot him in the back, family attorney Crump has said.

Marshall also released surveillance video Tuesday of the November 22 incident after showing the video to Bradford’s family.

In the edited video, a crowd in the mall can be seen dispersing from apparent gunfire, with Bradford taking a few steps toward the shooting scene before he is shot by one of two officers approaching him from behind. What appears to be a gun slides on the ground in front of Bradford as he falls to his side, according to the video.

Two witnesses told police they heard officer order Bradford to drop weapon, AG says

Marshall, in his report, said the officer identified Bradford “as an immediate deadly threat to innocent civilians and thus shot Bradford to eliminate the threat.”

He called the officer’s actions “reasonable under the circumstances and were consistent with his training and nationally accepted standards for ‘active shooter’ scenarios.”

The report quoted two unidentified witnesses as telling investigators the officer ordered Bradford to drop his weapon.

“Drop your weapon, drop your weapon sir, put your weapon on the ground,” one store employee told investigators she heard the officer say before he shot Bradfrod.

Another employee told police she saw Bradford take an “aggressive stance” and heard an officer order him — “literally three times” — to drop his weapon before he was shot.

In two statements from the officer — the first taken minutes after the shooting, the second a week later — the officer makes no mention of ordering Bradford to drop his weapon, according to the report.

“I observed an armed suspect quickly moving towards the two males standing near the railing,” the officer said in his second statement. “The suspect was advancing on the two males and had a black handgun in his right hand. I fired my duty weapon at the armed suspect to stop him.”

The officer’s actions did “not constitute a crime under Alabama law” and “should not be presented to a grand jury for potential criminal prosecution,” the attorney general’s report said.

Family’s attorney says case ‘riddled with dubious actions by officials’

Crump called for the immediate release of the full, unedited surveillance video, noting that the officer “admitted he provided no verbal warning.”

“Are we to accept that it is reasonable for our law enforcement officers to respond by acting on their inherent biases? In this case, it looks very much like the officer’s reasoning was ‘black man plus gun equals: shoot,'” he said.

“The decision to evade a grand jury mimics the (darkest) patterns of injustice woven throughout Alabama’s sad history of race relations. From the beginning, this case has been riddled with dubious actions by officials.”

Crump accused the attorney general of “doing everything he can to exonerate the officer’s inexcusable actions, trying to justify the officer’s failure to follow proper procedures — and, more importantly, to ignore the civil rights of an innocent, law-abiding man who happened to be black.”

Dillon Nettles, policy analyst with the American Civil Liberties Union of Alabama, said the group is reviewing the report to determine how to proceed.

“The attorney general’s characterization of E.J. Bradford as a ‘threat’ that needed ‘eliminating’ reveals how little regard the attorney general has for the life of this black man,” Nettles said in a statement.

“Police officers need to be held accountable when they shoot and kill innocent people.”

Confusion from the outset

Hoover police initially said Bradford shot Brian Wilson, 18, in the suburban Birmingham mall and that an officer killed Bradford as he fled. Molly Davis, 12, also was shot, police said, adding it wasn’t clear by whom.

Police later changed the story, saying witnesses and forensic tests indicated that while Bradford may have been involved in an altercation, he likely did not fire the rounds that injured the victims.

His family has said Bradford was not at the mall with any of the victims or the suspect. He went there with his cousin and two friends and, possessing a permit to carry a weapon, pulled out his gun after the shooting began. He was helping people escape danger when he was killed, the family says.

Erron Brown, 20, was arrested days later in Georgia and charged with attempted murder in Wilson’s shooting, police said. Brown’s attorney has said video will clear his client. No charges have been filed in the shooting of the 12-year-old.

The officer who shot Bradford was on paid administrative leave pending the state investigation.

The family has said its independent medical review showed Bradford had been shot three times in the back. The bullets struck him beneath his ear, at the base of his neck and just above his buttocks, Crump said.