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 two Deputy U.S. Marshals involved in the fatal shooting, in February 2023, of Alaunte Scott outside of an apartment building in Southeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included a review of witness accounts, physical evidence, surveillance video, and reports from the Metropolitan Police Department.
According to the evidence, on February 28, 2023, a team of Deputy U.S. Marshals (DUSM) from that agency’s Enforcement Branch attempted to execute an arrest warrant on Scott outside of the Atlantic Gardens apartment complex in the 4300 block of 3rd Street SE. After being approached by several deputies, Scott fled into a courtyard and attempted to scale a fence that ran across the courtyard. As Scott stood on a horizontal rail, the deputies tried to pull him off the fence to arrest him. Scott was reaching into his waistband, and the deputies directed him to stop reaching. However, Scott pulled out a gun. Two deputies, DUSM Michael Maradin and Kevin Chan, then fired their service weapons at Scott. After the shooting, deputies provided medical aid to Scott until DCFEMS arrived to transport him to Washington Hospital Center (WHC). He was pronounced deceased by a WHC doctor during the transport.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that DUSM Maradin and Chan 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. Similarly, for District of Columbia offenses such as second degree murder or voluntary manslaughter, mitigating circumstance can exist, establishing a defense where a person actually believes and reasonably believes both that he is or others are in danger of serious bodily injury, and that the use of force is necessary to defend against that danger.
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.