The Salt Lake County District Attorney declined to file charges against a police officer who fatally shot a 20-year-old man killed as he pulled a screwdriver from his pocket after police told him to put his hands up.
Prosecutor Sim Gill said Friday that West Valley City Police Officer Nicholaus Green fired three times at Elijah Smith.
Gill said that the shooting would be considered legally justified in court because Green may have reasonably feared Smith was holding a weapon.
The April 8 shooting of Smith, who was black, has triggered protests by his family and anti-police brutality groups. Smith ran from officers after stealing a cell phone and entered an occupied residence.
On the video, officers can be heard telling Smith to get his hands up. He raises his left arm and then quickly raises his right arm, utilizing a shooting motion.
Three children — ages 9, 10 and 13 — were inside the house when Smith entered.
Following the shooting, West Valley Police Chief Colleen Jacobs said that she believed the officers followed protocol.”It’s not that the other hand did not come up, it’s that it came up in a rapid draw stroke motion……They perceived that as a threat.”
The chief’s quick opinion was likely a contributing factor on why the national media has downplayed this incident but on the local level, a group called “Utah Against Police Brutality” have been vocal about this and other incidents.