The commander was off-duty when he saw the man pointing a gun, authorities have said. A lawyer for the man's family said he plans to file a lawsuit.
Bagshaw, in civilian clothes, running toward the disturbance. Police said at the time that he saw
and yelled “MPD, drop the gun!” Wilson did not, and Bagshaw fired once, striking Wilson in the face, prosecutors said.Andrew Clarke, an attorney for the Wilson family, said Wilson’s relatives wished prosecutors had presented the case to a grand jury and allowed the panel to decide if charges should be filed. He said the family plans to file a lawsuit against Bagshaw and the police department.
Internal Affairs Division interviewed witnesses, and examined forensic reports and security video, prosecutors said in the statement. Police recovered a .45-caliber Glock handgun loaded with a dozen bullets that they said Wilson had been holding. “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,” prosecutors said.
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