KENOSHA, Wis. (AP) — A Wisconsin prosecutor announced Tuesday that he will not file criminal charges
against a white police officer who shot a Black man in the back in Kenosha last summer, leaving him
paralyzed and setting off sometimes violent protests in the city.
Officer Rusten Sheskey’s shooting of Jacob Blake on Aug. 23, captured on bystander video, turned the
nation’s spotlight on Wisconsin during a summer marked by protests over police brutality and racism.
More than 250 people were arrested in the days that followed, including 17-year-old Kyle Rittenhouse, a
self-styled medic with an assault rifle who is charged in the fatal shootings of two men and the
wounding of a third.
Kenosha County District Attorney Michael Graveley said Tuesday that he wouldn’t charge either Sheskey or
two other officers at the scene, saying he would have to "disprove the clear expression of these
officers that they had to fire a weapon to defend themselves."
He added: "I do not believe the state … would be able to prove that the privilege of self-defense
is not available."
Graveley said he had informed Blake of the news before a news conference to announce the decision.
Ben Crump, an attorney for Blake’s family, expressed disappointment with the decision, saying it
"further destroys trust in our justice system" and sends a message that it is OK for police to
abuse their power. He said he will continue to move forward with a lawsuit and fight for systemic change
in policing.
"We feel this decision failed not only Jacob and his family, but the community that protested and
demanded justice," Crump and his co-counsel said in a statement, adding: "We urge Americans to
continue to raise their voices and demand change in peaceful and positive ways during this emotional
time."
The Blake shooting happened three months after George Floyd died while being restrained by police
officers in Minneapolis, a death that was captured on bystander video and sparked outrage and protests
that spread across the United States and beyond. The galvanized Black Lives Matter movement put a
spotlight on inequitable policing and became a fault line in politics, with President Donald Trump
criticizing protesters and aggressively pressing a law-and-order message that he sought to capitalize on
in Wisconsin and other swing states.
Kenosha, a city of 100,000 on the Wisconsin-Illinois border about 60 miles north of Chicago, was braced
for renewed protests ahead of the charges, with concrete barricades and metal fencing surrounded the
Kenosha County Courthouse and plywood protecting many businesses. The Common Council on Monday night
unanimously approved an emergency resolution giving the mayor the power to impose curfews, among other
things, and Gov. Tony Evers activated 500 National Guard troops to assist.
Sheskey was among officers responding to a woman who had reported her boyfriend was not supposed to be
around, and when they arrived at the scene, were told by the woman that he was "trying to take my
kids, he’s trying to take my car."
Cellphone video shows Blake walking to the driver-side door of an SUV as officers follow him with guns
drawn, shouting. As Blake opens the door and leans into the SUV, Sheskey grabs his shirt from behind and
opens fire.
The Kenosha police union said Blake was armed with a knife, and Sheskey ordered him several times to drop
it but he would not. Sheskey’s attorney, Brendan Matthews, said Sheskey fired because Blake started
turning toward the officer while holding a knife.
Gravely spent part of his presentation imagining and even acting out how a legal defense of the officers
might play out in court.
Graveley said Blake was clearly armed with a knife — he displayed a blown-up photo from the scene — and
said Blake had admitted having it in hand. He said Sheskey feared that Blake might take the car with
children inside and committed to re-engaging with Blake after a physical struggle that included the
failed use of electric stun guns, and after the officers initially backed away due to the knife.
Graveley said Sheskey shot Blake after Blake made a motion toward him with the knife.
The officers were not equipped with body cameras.
Not charging the officer "continues the cycle of enabling police violence and evading accountability
when they seriously injure and harm a Black person," said Chris Ott, executive director of the ACLU
of Wisconsin. "Based on the video footage of the incident, it remains hard to see any reason to
shoot Mr. Blake in the back repeatedly. But, as we’ve seen so many times before, the police in this case
were held to a different standard of responsibility than the rest of us."
"I wish I could say that I’m shocked," tweeted Wisconsin Lt. Gov. Mandela Barnes, who is Black.
"It’s another instance in a string of misapplications of justice."
Sheskey, 31, has been the subject of five internal investigations since he joined the Kenosha department
in 2013, including three reprimands for crashing his squad car three times over three years. He has also
earned 16 awards, letters or formal commendations, his personnel file shows.
The state Department of Justice investigated the shooting under a state law that requires outside
agencies to investigate all officer-involved incidents. The department asked former Madison Police Chief
Noble Wray, who is Black, to review its findings after Graveley asked for an outside expert to review
the investigation.
Rittenhouse, who was among armed people who took to Kenosha streets during the violence and said he was
there to help protect businesses, faces multiple charges including intentional homicide. Bystander video
showed Rittenhouse shooting Joseph Rosenbaum and Anthony Huber and wounding a third man. Rittenhouse,
who is white, has claimed the three men attacked him and he fired in self-defense. Conservatives across
the country have been raising money for his legal team. Rittenhouse was 17 at the time of the shooting.
Rittenhouse pleaded not guilty to all charges at a hearing Tuesday.
Prosecutors dropped a sexual assault charge against Blake in November as part of deal in which he pleaded
guilty to two misdemeanor counts of disorderly conduct. He was sentenced to two years’ probation.
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This story has been corrected to reflect that Rittenhouse pleaded not guilty to all charges.
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Richmond reported from Madison, Wisconsin. Scott Bauer in Madison and Amy Forliti in Minneapolis
contributed to this report.
