Pioneer Press

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In a case that is tragic from every angle, the path to justice is a difficult one.

Ramsey County Attorney John Choi on Wednesday announced his decision to charge St. Anthony Police Officer Jeronimo Yanez with second-degree manslaughter in the July death of Philando Castile, who was 32 years old, in a traffic stop in Falcon Heights.

Choi, who opted not to turn the case over to a grand jury, said in a news conference outlining his decision that the officer’s “unreasonable fear cannot justify the use of deadly force.”

The decision to charge in a case like this is rare — likely the first involving a Minnesota officer in modern memory, according to a Pioneer Press report.

Yanez is charged with additional felony counts involving intentional discharge of a firearm that endangered the safety of Castile’s passengers, girlfriend Diamond Reynolds and her 4-year-old daughter. Reynolds’ livestreaming video of the aftermath of the shooting on Facebook has been viewed millions of times.

The shooting sparked tensions that played out on St. Paul streets and a section of I-94, as well as demonstrations at the Summit Avenue residence of Gov. Mark Dayton that lasted for weeks. It also was among officer-involved-shooting incidents around the nation provoking soul-searching about race and equity in our society.

The decision he announced Wednesday represents Choi’s commitment to diligent and thorough review of the investigation “to determine what justice requires in this case.”

It’s important to note that a charge is not a conviction. If the case goes to trial, a jury or judge, presented with evidence from both the prosecution and the defense, will decide if Yanez is guilty of the charges or not.

When the Minnesota Bureau of Criminal Apprehension turned over its investigation findings to prosecutors at the end of September, Choi announced a plan to use national use-of-force consultants to assist in prosecution review and evaluation.

“Based upon our thorough and exhaustive review of the facts, I have come to the conclusion that there simply was no justification for the use of deadly force by Officer Yanez in this case,” Choi said. “No reasonable officer who knew, saw and heard what Officer Yanez did at the time would have used deadly force under these circumstances.”

The account of the traffic stop outlined in the criminal complaint is chilling.

Yanez’s colleague, St. Anthony Officer Joseph Kauser, said he “did not see Yanez’s gun until he began shooting. Yanez gave no warning to Kauser that Castile had a gun. When asked if he was surprised when Yanez began shooting, Kauser replied, ‘absolutely.’ “

The complaint quotes Jeffrey J. Noble, an expert on police procedure retained by the Ramsey County Attorney’s Office, who said that “the totality of the circumstances indicate that Yanez’s use of deadly force against Castile during the July 6 stop was not necessary, was objectively unreasonable and was inconsistent with generally accepted police practices.”

It continues: “In addition, under the same circumstances, Yanez’s discharge of his firearm seven times into a vehicle in very close proximity to and towards Reynolds and her 4-year-old daughter endangered their safety.”

Choi “made one of the hardest decisions a prosecutor has to make,” Mayor Chris Coleman in a statement. “I am confident that his decision was grounded in a thorough investigation of the facts and a deep commitment to upholding his public responsibility. His willingness to be personally responsible for this decision — and to set forth the basis for it — is indicative of his intellect and integrity.”

The officer will make his first court appearance on Friday, and Choi wisely reminded us that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.

“I ask for the public’s continued patience, trust and respect for the integrity of the process as we prosecute this case and seek justice for Philando Castile, his family and friends, including Diamond Reynolds and her daughter, and our broader community,” Choi said.

The integrity of the process — due process — and its visibility are critical. However the case ends, by taking responsibility for and explaining his decision, Choi has set a powerful example.