It’s been almost one year since Donnell Rochester was killed by Baltimore city police officers, now state’s attorney Ivan Bates said he does not plan to prosecute the officers involved.
This comes after the Attorney General’s independent investigation found second degree murder and manslaughter could be argued.
Loved ones are still mourning the death of Donnell Rochester, who was killed by police before he could graduate high school. His mother Danielle Brown said hearing the officers won’t be prosecuted after the AG’s findings made her re-live this situation all over again. Now the family and their attorney are trying to receive justice for Donnell.
"Hopeless. I just wish that February 19th never happened. Because Donnell deserved to still be here," Brown said.
Hopeless is one of the words Brown used to describe her pain frustration and confusion after learning the officer who killed her teenage son last February will not be prosecuted. That’s according to Baltimore city’s new states attorney Ivan Bates.
“I know what happened to him shouldn’t have happened. And even if Donell wasn’t my kid and I knew him personally I would still say the same thing,” Brown said.
Body camera footage shows while police were running towards the car near Chilton Street and Hillen Road trying to serve Rochester an arrest warrant for failure to appear in court, he tried to drive away while one of the officers was in front of the car. That’s when two officers starting shooting at his car, hitting, and killing him in the process.
“I couldn’t watch that. I didn’t want that memory to be that last memory of my kid. I just feel that whole ordeal was just handled wrong,” Brown said.
She said although she didn’t watch the body camera video in its entirety, she believes the officers acted unlawfully because her son was not dangerous, and he didn’t deserve to die that way. Malcom Ruff, who’s representing the family, agrees.
“Certainly there is indications that the AG made that this was not a reasonable shooting. They did not listen to their training, they didn’t follow the training that was given to them, they did not follow the policies that they were mandated to follow under the law, and they did not afford Donnell the rights that he was entitled to under the constitution,” Ruff said.
In the independent investigation released last week by the Attorney General’s office, the legal analysis concluded officers Connor Murray and Robert Mauri are the two who fired their weapons. Connor Murray being the one responsible for killing Rochester after firing off four rounds at his moving vehicle. Which the AG’s findings confirmed went against the officers’ training.
“Shooting at a moving vehicle creates an unreasonable risk and that’s what policing is supposed to be, reasonable, objectively reasonable. Under the law he had the duty to reassess that situation and to reduce his use of force immediately,” Ruff said.
Based on the Attorney General’s findings it showed second degree murder and manslaughter could be argued. Brown said she’s still confused as to why Bates refuses to hold those officers accountable.
States attorney Ivan Bates declined to interview in person with WMAR and his office sent this statement instead.
“Similar to the Attorney General’s team, our analysis found evidence that could support the required elements of certain charges, theoretically. However, the AG’s report does not include the required determination of whether valid legal defenses exist. Based on our expertise, it was determined that there are valid legal defenses, and we would not be able to overcome those defenses based on the required legal standard as cited in Graham v. Connor, 490 U.S. 386 (1989).“These decisions are always challenging to make and carry much weight. That is why determinations like these should be made with the appropriate proficiency by experienced people in making these analyses. The team that we have at the SAO possesses these strengths, and I am confident in the decision.” - State’s Attorney Ivan J. Bates
Bates decided not to prosecute the case because he felt there were valid legal defenses that he wouldn’t be able to overcome. Brown said its unfair to her son who died and the loved ones he leaves behind.
“I felt that I was just reliving this all over again because, I will say I don’t need a video to know that my son did not deserve that. So what messages they sending, that they can go out and do it again? I’m trying to understand and I don’t,” Brown said.
And more than anything Brown wants people to remember her son’s lively personality and the many lives he touched despite how his life ended.
“He really loved life, and that’s why this is painful because he loved it. Donell is not the first and I don’t even believe that Donell will be the last, and I just believe that the system is not designed for us. That’s not fair, where is the justice in that. One day he will get justice,” Brown said.
Family and loved ones will be protesting starting Thursday at 4:00 p.m. in front of the states attorney’s office. They said they will continue as long as it takes for Donnell to receive justice.
