U.S.

Department of Justice

Channing D. Phillips
United States Attorney for the
District of Columbia
Judiciary Center
555 Fourth St. N.W.
Washington, D.C. 20530

PRESS RELEASE
FOR IMMEDIATE RELEASE For Information Contact:
Monday, May 22, 2017 Public Affairs
(202) 252-6933
http://www.justice.gov/usao/dc/index.html

U.S. Attorneys Office Concludes Investigation

Into Fatal Shooting in Northeast Washington
No Charges to Be Filed Against Metro Transit Police Officer

WASHINGTON - The U.S. Attorneys 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 a detective from the Metro Transit Police who was involved in the
fatal shooting on July 4, 2016, of Sidney Washington, Jr. in Northeast Washington.

The U.S. Attorneys Office and the Metropolitan Police Department (MPD) conducted a
comprehensive review of the incident. This included interviews of civilian and law enforcement
witnesses as well as a review of photographs, diagrams, physical evidence, recorded radio
communications, video surveillance footage, the autopsy report, and reports from the
Metropolitan Police Department, Metro Transit Police Department, and District of Columbia
Department of Fire and Emergency Medical Services.

According to the evidence, on July 4, 2016, officers and detectives with the Metro Transit
Police Department were deployed to the area near the Deanwood Metro Station in Northeast
Washington amid concerns about rival gangs and potential violence. At approximately 10:30
p.m., two rival groups began shooting fireworks at each other and into the Metro station. Metro
Transit Police officers and detectives dispersed the two groups.

At least one team of two detectives remained in the area and parked in the 4900 block of
Quarles Street NE; they were in an unmarked vehicle but wore tactical clothing that had
POLICE written across the front. While parked in the area, the detectives saw Mr. Washington
walk to the intersection of 49th and Quarles Streets NW, and display a silver handgun.

According to the evidence, the detectives saw Mr. Washington discharge the firearm
toward a large crowd of people that were approximately 50 to 75 feet away. The detective behind
the drivers wheel of the unmarked police car pulled up next to Mr. Washington and yelled,
Police! Instead of surrendering, Mr. Washington turned toward the detective and discharged
his firearm at close range, striking the drivers side door of the police car at least twice. The
detective returned fire, striking Mr. Washington, who fell to the ground, landing in a seated
position. Then, while in a seated position, Mr. Washington discharged additional rounds at the
detective, and the detective fired back until Mr. Washington fell backwards onto the ground.

After the scene was secured, mobile crime technicians recovered a Colt .45-caliber pistol,
which was near Mr. Washingtons body. The technicians also recovered nine 45-mm cartridge
casings and one 9 mm cartridge casing from the intersection where Mr. Washington was
observed discharging the weapon.

The Office of the Chief Medical Examiner for the State of Maryland determined that Mr.
Washington, 21, died from multiple gunshot wounds. An autopsy determined that Mr.
Washington had five gunshot wounds, including two to the chest, one to the upper abdomen, one
to the right forearm, and one to the right buttock.

After a careful, thorough, and independent review of the evidence, federal prosecutors
have found insufficient evidence to prove beyond a reasonable doubt that the detective used
excessive force under the circumstances. To the contrary, there is sufficient evidence that the
detective was acting in self-defense and defense of others at the time of the shooting.

Use-of-force investigations generally

The U.S. Attorneys 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 such 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. A conclusion that there is
insufficient evidence is not meant to suggest anything further about what evidence, if any,
exists.

The U.S. Attorneys 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 Departments Internal Affairs Division investigates all police-involved
fatalities in the District of Columbia.

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