Source: United States Department of Justice News
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against an agent from the Federal Bureau of Investigation who was involved in the fatal shooting, on December 7, 2022, of Troy N. Bullock.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included a review of law enforcement and civilian eyewitness accounts, surveillance footage from inside of the Metro station, physical evidence, recorded cell phone footage, recorded radio communications, forensic reports, and the autopsy report.
According to the evidence, on December 7, 2022, at approximately 6:11p.m., an FBI Special Agent was standing on the platform at the Metro Center station. The agent, who was off duty at the time, observed Mr. Bullock attempting to initiate a physical confrontation with an individual who was also standing on the platform by challenging him to a fight. To defuse the situation, the agent indicated to Mr. Bullock that he should leave the individual alone. Mr. Bullock then became physically aggressive toward the agent by grabbing the agent and pushing him over a utility wall. The wall is approximately three feet high. The agent fell backward over the utility wall, and Mr. Bullock fell over the wall with him – a fall of over eight feet. Below, Mr. Bullock resumed his attack on the agent, who sustained an injury in the fall, drew his service weapon, and shot Mr. Bullock. Despite life-saving efforts, Mr. Bullock was pronounced dead at the scene.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the agent used excessive force under the circumstances.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove civil rights violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.