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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