Officer Milward made contact with the man outside of the police station. He told the officer he was waiting for someone. As Milward turned away the suspect drew a pistol and opened fire. Milward was hit in the chest and went down.
Judge Marilyn Clark issued a 56-page decision on Nov. 2, dismissing charges that the chief had conspired to commit misconduct, and committed misconduct and corruption of public resources.
The officers — Robert McCabe and Aaron Torgalski — will be allowed to start working again, after the arbitrator concluded the two used “absolutely legitimate” force and did not violate department policies.
"After a thorough review of all available evidence ... there is insufficient admissible evidence to file criminal charges in this case," Hennepin County Attorney Mike Freeman and Attorney General Keith Ellison announced Wednesday.
"Officer Stillman reacted to the perceived threat presented by Adam Toledo, who he believed at the time was turning toward him to shoot him," Cook County (IL) State’s Attorney Kim Foxx said.
The probe by the U.S. Capitol Police exonerated the officer for his use of force. The department said in a memo outlining the investigation that the officer’s actions were within department policy.
The officer, Rusten Sheskey, returned from administrative leave in late March. He was "found to have been acting within policy and will not be subjected to discipline," according to a statement Tuesday from Kenosha Police Chief Daniel Miskinis.
The charges were filed against Officers Aaron Torgalski and Robert McCabe followed an incident during a Black Lives Matter protest in June in front of Buffalo City Hall.
District Attorney Michael Graveley said Officer Rusten Sheskey was justified in his use of deadly force. The other officers at the scene also will not be charged.
Sgt. Colin Langsdale said he believed Valencia had a gun. Other witnesses at the scene said they also believed he had a gun.
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