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Prosecutor: No charges for officer in Tony Robinson case

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Madison police officer Matt Kenny shot and killed Tony Robinson, 19, on March 6, 2015. Police Chief Mike Koval said during a press conference following the shooting Robinson was not armed. Dane County District Attorney Ismael Ozanne announced May 12, 2015 that no charges will be brought against Officer Kenny in the death of Tony Robinson.

MADISON, Wisc. — The Wisconsin police officer who shot and killed a 19-year-old unarmed biracial man won’t face criminal charges in the case.

“I conclude that this tragic and unfortunate death was the result of a lawful use of deadly police force and that no charges should be brought against Officer Kenny in the death of Tony Robinson Jr.,” Dane County District Attorney Ismael Ozanne said Tuesday.

Robinson was fatally shot by Officer Matt Kenny, who is white, in Madison, Wisconsin, on March 6, setting off days of protests in the city. His death came amid lingering tensions over the killings by police elsewhere of other unarmed African-Americans that seized national attention.

The decision not to charge Kenny drew swift criticism from several of Robinson’s family members, who briefly spoke with reporters after meeting with the district attorney Tuesday.

“This is politics, and not justice,” grandmother Sharon Irwin said.

Attorney Jon Loevy said the family’s investigation into the case is continuing, but he declined to answer questions from reporters about it.

“We have more questions than you do,” he said, “and we don’t have answers.”

Robinson’s family supports protests over the case, but stresses they should not be violent, Loevy said.

“The family feels strongly that protests should not be violent, should be calm,” he told reporters. “This is not a situation where people should get hurt or the community should tear itself apart.”

Ozanne called for calm as he made his highly anticipated announcement.

In this story

  • Grandmother: The decision not to charge the officer is "politics and not justice"
  • Robinson, 19, was fatally shot by a police officer in Madison in March
  • District Attorney Ismael Ozanne says Officer Matt Kenny won't be charged

“I am concerned that recent violence around our nation is giving some in our communities a justification for fear, hatred and violence,” he said. “I am reminded that true and lasting change does not come from violence, but from exercising our voices and our votes. The Rev. Martin Luther King Jr. said, ‘Violence brings only temporary change. Violence, by creating many more social problems than it solves, never brings permanent peace.’ ”

The police department said in a statement Sunday that it had been preparing for Ozanne’s announcement for weeks, efforts that included holding meetings with community leaders.

“It is our hope — that working together — Madison can come through these challenging days ahead without violence or property damage,” the statement said.

Near the site of the March shooting, demonstrators held a large banner Tuesday that said, “BLACK LIVES MATTER” and chanted, “No justice, no peace, no racist police.”

Details about lead-up to shooting

As he revealed his decision, Ozanne noted his own background as the first district attorney of color in the state, then detailed the evidence that led him to the conclusion that Kenny should not be charged.

“My decision will not bring Tony Robinson Jr. back,” Ozanne told reporters. “My decision will not end the racial disparities that exist in the justice system, in our justice system. My decision is not based on emotion. Rather, this decision is based on the facts as they have been investigated and reported to me.”

The district attorney detailed the series of three 911 calls dispatchers received on March 6 before Kenny arrived at the scene, toxicology results and Kenny’s account of what happened that day.

Toxicology reports confirmed that Robinson had taken hallucinogenic mushrooms (‘shrooms), marijuana and Xanax before the shooting, the district attorney said, and 911 calls reported that he was acting “insane” and attacking people.

Kenny was called to an apartment over reports that Robinson had been jumping in front of cars and assaulting people.

After hearing some commotion, Kenny entered the apartment.

Kenny reported that Robinson hit him and knocked him into the wall inside the apartment, an account that the prosecutor said was supported by damage to drywall.

After that, Kenny said he was afraid Robinson would hit him again or take his gun, and opened fire as the 19-year-old continued to come at him.

In three seconds, seven shots were fired.

All of them hit Robinson at close range, Ozanne said.

Family responds

According to the Wisconsin State Journal, Robinson’s friends and family members have said he took hallucinogenic mushrooms and was behaving erratically the day he was killed. They reject the idea that Robinson was a threat to Kenny when he was shot, the newspaper reports.

Robinson’s uncle Turin Carter said in March that family members trusted state investigators to handle the case “with integrity.”

But weeks later, the family publicly questioned whether the investigation would be fair.

And on Tuesday, they said Robinson had been unfairly demonized.

“He’s been slandered from the beginning, and he’s been set up,” Robinson’s grandmother told reporters Tuesday. “I wear his sweater, because this is the only comfort that I have left. I don’t have the option to hold him anymore. And I want you to know, too, that I miss him and really love him. One day I hope you have the opportunity to know who he was, because I will miss him the rest of my life when you guys go home and you don’t deal with this anymore. This is a forever thing with me.”

“I would just like everybody to keep in mind that this is a 19-year-old kid whose life was cut short before he was able to reach his full potential,” Carter said.

Robinson’s family has hired a Chicago law firm to carry out its own investigation into the shooting and commissioned a private autopsy, according to the Wisconsin State Journal.

Previous incidents drew attention

Both Kenny and Robinson had incidents in their past that attracted attention after the shooting.

In 2007, Kenny shot and killed a man, Ronald Brandon, who was pointing a pellet gun at officers.

Kenny was exonerated of wrongdoing in that shooting and received a commendation.

Wisconsin Circuit Court documents indicate Robinson pleaded guilty in December to an armed robbery that occurred in April 2014.

Madison Police Chief Mike Koval and Madison Mayor Paul Soglin said in March that discussion of Robinson’s record was inappropriate.

“The fact that Tony was involved in any kind of transgression in the past has nothing to do with this present tragedy,” Soglin said.