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Racine County, Wisconsin prosecutors have decided not to bring charges against Mount Pleasant officer who fatally shot a black teen. Ty’Rese West was fatally shot in June after Sgt. Eric Giese tried to stop the teen who was riding his bike without the proper lighting. According to WISN 12, it’s against the state law to ride a bicycle at night without a front headlight.

The encounter to lead to a struggle after West, who police claim was armed with a gun didn’t comply with Giese’s commands and began to run. The officer said he tried to use his Taser before firing his weapon out of fear that West might shoot him first.

“We’re hopeful that the release of the district attorney’s decision, along with facts gathered through the investigatory process, will clarify [the] events of June 15, 2019,” Mount Pleasant PD said in a statement. “With the district attorney’s decision now final, and our own internal investigation near completion, Sergeant Giese is expected to return to unrestricted full-duty status to resume his assigned responsibilities.”

West’s family said they hoped the officer would be charged and go to trial. “All we want is justice for Ty’Rese,” the teen’s mother, Monique West, told WTMJ.

The incident began on June 15 when West led the officer on foot chase in Racine. Giese spotted the teen make a “two-handed underhand throwing motion” before stumbling and falling onto the ground according to a report from the district attorney’s office. Then when the officer got a clear view of the gun, which landed just inches from West.

“Sergeant Giese [initially] didn’t see what Mr. West had in his hands,” the report states, “but heard a distinct metallic sound on the 8″ high chain link fence they were running next to.”

Giese caught the suspect, using his left foot to pin West’s hand to stop him from grabbing for the gun. The officer was straddling the teen subsequently struggling to maintain his balance, leaving him unable to kick the weapon away. Then despite his repeated warnings for West not to reach for the gun according to the report, the teen attempted to pull his hand out from under Giese’s boot and pushing him into a position that would knock the officer balance.

Then West was able to get to his knees freeing his hand from under the officer’s foot. Giese pivoted to create space between himself and the teen before stepping back and firing three shots.

“Sgt. Giese described the situation as the most intense and stressful situation of his life,” according to the DA’s report. West suffered two fatal gunshots to the head and a third to his left shoulder and chest according to the autopsy report.

District Attorney Patricia J. Hanson‘s office said that Giese acted in self-defense when he shot West. Investigators said they also recovered a gun at the scene. West’s family said they’re now considering asking for a federal review of the case.

“I feel like it was murder because two shots in the head, that’s self-explanatory,” said Dwight Person, West’s father. “That was murder. So I would like to see a thorough investigation done and I would like to see Eric Giese charged.”

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