Grand jury issues no indictments in man's fatal shooting at Ohio Wal-Mart

September 22, 2014: About 100 people rally in support of John Crawford Jr. and his family during the grand jury investigation into the Aug. 5 shooting of John Crawford III, in Beavercreek,Ohio. (AP Photo/The Daily News, Ty Greenlees)

XENIA, Ohio – Officers' actions were justified in the fatal shooting of a man holding an air rifle inside an Ohio Wal-Mart store, a grand jury determined Wednesday --  using surveillance video the slain man's family said shows the shooting was completely unjustified.

The Greene County grand jury opted not to issue any indictments in the Aug. 5 death of 22-year-old John Crawford III inside a Wal-Mart in Beavercreek, Special Prosecutor Mark Piepmeier said.

A 911 caller reported Crawford was waving what appeared to be a rifle in the store. Police said he was killed after failing to obey commands to put down what turned out to be an air rifle taken from a shelf.

Since the shooting, Crawford's family had demanded public release of the surveillance footage, a request denied until Wednesday by the state attorney general, who said releasing it earlier could taint the investigation and potential jury pool.

Video presented at a news conference by Piepmeier in Xenia shows Crawford walking the aisles, apparently on his cellphone, and picking up an air rifle that had been left, unboxed, on a shelf.

Crawford carries the air rifle around the store -- sometimes over his shoulder, sometimes pointed at the ground -- before police arrive and shoot him twice.

Exactly what happens in Crawford's final moments is difficult to make out: Crawford is at the far end of an aisle in view of one camera, the officers' feet are in view of another. Neither feed has audio and one officer's flinching foot is used as the basis for determining when shots were fired.

"We tried the best we could to try to determine the relative position of these two people when the shot was fired," Piepmeier said.

Crawford's family, which has called for a federal investigation, said it was "incomprehensible" that police were not indicted.

"The Crawford family is extremely disappointed, disgusted and confused," the statement said. "They are heartbroken that justice was not done in the tragic death of their only son."

The U.S. Department of Justice said it will review the facts and circumstances surrounding the shooting. Crawford's family has sought a federal investigation to see if race was a factor. Crawford was black and the officers are white.

The Crawford family accused Piepmeier and Ohio Attorney General Mike DeWine of not attempting to get an indictment. They also said the store surveillance tape proves that Crawford's death was not justified.

Prosecutor Stacey DeGraffenreid, who assisted Piepmeier, said Crawford was shot twice by one officer, once in the elbow and once in the side under the rib area slightly from the front to the back. DeGraffenreid says Crawford was shot while holding the rifle, then dropped it, falling to the floor. She says no other shots were fired.

"This was a real tragedy," DeGraffenreid said in a telephone interview. But she said that based on what information the officers had when they entered the Wal-Mart, they were doing what they were trained to do.

U.S. Attorney Carter Stewart in Columbus released a statement saying the department's Civil Rights Division, the FBI, and his office will conduct an independent review of the case.

The city of Beavercreek said it was asking the FBI to conduct a review, even though the city said in statement they feel the officers did what they were trained to do. DeWine said after the grand jury's decision was announced that he thought it is an appropriate time for the Justice Department to look into whether any federal laws were violated.

DeWine said state authorities have been in frequent contact with federal officials and will turn over requested investigative files to them.

Representatives of the Dayton NAACP said the video clips presented by the prosecutor don't show imminent danger that would justify Crawford's fatal shooting.

"The tragedy is that once again, our criminal justice system has failed our community," said Lori Coleman, who leads the Dayton NAACP's criminal justice committee.

Dayton NAACP President Derrick Foward called the grand jury's decision "unbelievable."

But Lori Shaw, a University of Dayton law professor who has been following the case, said she was not surprised with the grand jury's decision.

"I think in this particular instance, because the police had reason to believe that a weapon was involved, it made it much less likely that there would be a charge," Shaw said.

She said with mass shootings that have taken place in a variety of public places, police can be under added pressure in such cases.

"We're in 2014 ... I think the public is a lot more on edge, and I'm sure that police are more on edge," she said.

"It's a tragic situation all the way around," she added.

Wal-Mart customer Angela Williams, 37, also died after suffering a medical problem during the store's evacuation.