Blake was shot several times in the back on August 23. The shooting left him paralyzed from the waist down and led to violent protests, riots and looting.
WARNING: disturbing video – police shooting in Kenosha captured on video
The police officer involved in the shooting, identified by authorities as Police Officer Rusten Sheskey, nor any other police officer, nor Blake himself will face any charges, prosecutor Michael Gravely said Tuesday afternoon.
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It took him and his team almost two hours to put what he called a “domestic incident” into context. He gravely described how the mother of Blake’s children, Laquisha Booker, called 911 to report that Blake took the keys to his rental car and was planning to take off with the vehicle and his children. He played the audio of that 911 call to the press.
The police arrived knowing that there was an arrest warrant for a crime against Blake, and Gravely confirmed that Blake had a knife against them, which they say he admitted to state investigators.
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Madison’s former force chief and police chief Noble Wray said that police actions that day were in line with police training and protocol.
“They had no choice but to draw their weapons after the physical measures did not work,” said Wray.
He seriously stated that he would not be able to convince a jury that Officer Sheskey was not afraid for his life at that time, or that others would not be harmed if he had not acted in self-defense.
“When there is enough information to raise the self-defense, the burden of proof falls on the state, it is up to the prosecutor to challenge the self-defense. Therefore, we would have to refute the clear expression of these policemen that they had to fire a weapon to defend themselves, they have to refute this denial, “he said.
Sheskey and the other officers who were at the scene were placed on administrative leave and remain on administrative leave at the time, the police department said.
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“It really illustrates why these cases against police officers are so difficult to bring about, because they have to show that the government would have to show that the policeman did not reasonably believe that lethal force was necessary to prevent his death or serious injuries and the evidence here , showed that there was a knife that I don’t think was in dispute, “said ABC7 legal analyst Gil Soffer. “And so the government has to show that the officer was not reasonably afraid that Jacob Blake would use the knife against them. Clearly they concluded that they could not prove it.”
Chicago and Wisconsin criminal defense attorney Anthony Burch said that if a jury examines what happened here last summer, he could determine that the police were a heavy-handed criminal.
“What was the threat level for him? One way of describing it may not be that Mr. Blake was trying to escape. It may be that an argument was made, he was trying to calm the situation,” said Burch.
Burch’s conclusion from the prosecutor’s unusual public final argument is that he could have won the trial.
“The facts presented by the state prosecutor during this press conference could have been presented in a different way, where a de facto judge would be able to present a guilty verdict against Sheskey officers,” he said.
Gravey called Blake in person to tell him that no charges would be made. Blake’s family was heartbroken and furious.
“This is a slap in the face of the Wisconsin government and the DA perpetuating systemic racism. Where was the justice?” said Justin Blake, Jacob’s uncle. “It’s 2021; let’s call it all what it is. He was a racist. He tried to murder my nephew. He should be fired, indicted and convicted.”
They marched for months, demanding that the charges be made, but that did not happen.
“We are unhappy with what was said today. We hoped; it didn’t hit us sideways or bounce us on our backs. We understand what would happen when they called the National Guard,” said Blake’s father, Jacob Blake Sr., speaking in Chicago after the announcement.
Blake’s uncle, family in Kenosha and community organizers led another march on Tuesday night after the verdict.
“Every day we get up, put on our boots and get into the fight because we have no choice,” said Justin Blake.
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Blake’s lawyer said he was the victim that night and the video proves it.
“Shooting an individual seven times while walking away from a police officer constitutes all the elements of intentional homicide have been found,” said B’Ivory Lamarr, a lawyer.
There is a federal civil rights investigation underway about the shooting, and the family has said it plans to open a civil case as well.
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Justin Blake and the activists also noted that while waiting for the outcome of Jacob’s case, this fight has always been bigger than Jacob Blake and the Kenosha police.
“The power to make the change is in us, if you really believe in what this government is built on,” said Justin Blake in the protest.
Benjamin Crump, one of the lawyers representing Blake, released a statement following the announcement of the decision, saying in part: “We are hugely disappointed by the decision by prosecutor Michael Gravely of Kenosha not to accuse the officers involved in this horrific shooting. We feel that decision failed not only with Jacob and his family, but also with the community that protested and demanded justice.The actions of policeman Sheskey generated outrage and defense across the country, but the prosecutor’s decision not to accuse the policeman who shot in the back of Jacob several times, leaving him paralyzed, further destroys confidence in our justice system. It sends a wrong message to law enforcement officials across the country. He says there is no problem with law enforcement officers abusing their power and recklessly firing their weapon, destroying the life of someone trying to protect their children. “
Kenosha City Council voted unanimously on Monday night to approve an emergency declaration that would take effect immediately after the decision. Wisconsin Governor Tony Evers also authorized the Wisconsin National Guard to assist in controlling any civil unrest.
Governor Evers issued a statement following the prosecution’s decision, saying in part: “Today’s decision is further proof that our work is not done – we must work seriously every day towards a more just, more state and country. fair and more equitable, and to combat racism experienced by blacks in Wisconsin. I expect peace and justice for Jacob, his family and the entire community of Kenosha. I reaffirm my commitment to action to build a more just and equitable state for all residents of Wisconsin, and I ask those who will exercise their right to meet tonight and in the days ahead, do so peacefully and safely.
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Screams for justice have lasted for several seasons. From the sweltering heat of summer to the cold winter nights, activists circled the now snow-covered streets of Kenosha demanding that the officer be fired.
“Based on what happened in our country, it’s probably not in Jacob’s favor because they don’t value us, our lives. They value properties and businesses,” said Tanya McLean, an activist at Leaders of Kenosha.
NBA star LeBron James spoke to ESPN about the decision without charge on Tuesday night.
“Hearing what happened in Kenosha today was a blow to the heart and stomach. … We need to stay strong and believe in each other,” said James.
“Hearing what happened in Kenosha today was a blow to the heart and the guts. … We need to stay strong and believe in each other.”
LeBron James spoke about prosecutors not bringing criminal charges against police in the Jacob Blake murder. pic.twitter.com/h9RzhgsvcX
– ESPN (@espn) January 6, 2021
Mayor John Antaramian and police chief Daniel Miskinis said they are working on plans to protect peaceful protests and prevent unrest as seen in the days after the shooting.
The Blake family led a small protest Tuesday night, but said emphatically that they did not support any violence after the decision.
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Some Kenosha companies closed again in anticipation of the billing decision.
“It’s an unpleasant feeling. We don’t know what’s going to happen,” said Ajillian Burrell-Warfield. Her husband was helping to reinstall boards to protect his hairdresser, Textures RX.
“I took them on vacation so I could put on the holiday decor and try to get back to normal,” said Burrell-Warfield.
They hope to be spared a repeat of the civil unrest and destruction that occurred weeks later.
“They broke our windows, they broke our equipment,” said Colleen Gimik, of Jackson Hewitt. “My hope is that people outside our communities will remain outside our community.”
Justin Blake said his nephew is focused on his recovery and an inspiration for his family. He wanted to encourage the community to come together to ask for justice in his case. He said they are waiting for charges in this case, but are pleading with the community to remain at peace.
“People have a right to be upset,” said Justin Blake. “We’re just asking them to be upset and make a lot of noise with the Blake family today, without being destructive.”
Kyle Rittenhouse pleaded not guilty Tuesday shooting two people to death and wounding a third during last summer’s riots in Kenosha.
Chicago police are also monitoring any fallout following Blake’s decision.
In a statement, CPD said it was “closely monitoring events in Kenosha” and “adequate resources and personnel levels will be maintained” to keep the city safe.
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