US Attorney’s Office will not pursue criminal civil rights charges against Pasco Police officers in Zambrano-Montes shooting death

There is insufficient evidence to criminally charge three Pasco Police officers in the Antonio Zambrano-Montes shooting death.

That's the conclusion of an independent review of the case by a group of Federal investigators and prosecutors and follows the recommendations by Franklin County Prosecutor Shawn Sant after the release of SIU report last summer.

Investigators reviewed witness statements, reports, records, transcripts, medical records, diagrams, photographs, and videos. They have already informed Zambrano-Montes family about the decision.

Under the law, the use of deadly force is justified when the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others. Moreover, under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law.

In announcing this determination, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, offered his condolences: “Our thoughts remain with Mr. Zambrano-Montes’ family and friends. I cannot fathom how painful their loss has been.”

In a release from the attorney representing Zambrano-Montes family, Charles Herrmann said they "are deeply disappointed in the U.S. Attorney’s decision to not file criminal charges against the police officers involved."

Herrmann filed a civil suit in federal court on behalf of the family and says the trial date is now set for May 8, 2017.

The lawsuit was filed against Pasco Police Officers Adrian Alaniz, Ryan Flanagan, and Adam Wright for the death of Antonio Zambrano-Montes on February 10, 2015.