Here’s a Shocker: Officer Involved in Fatal Midway Shooting Won’t Be Charged

Screen capture from NBC7 showing alley of shooting.

Here’s a real shocker – hope you’re sitting down – the San Diego police officer involved in that Midway District fatal shooting of an unarmed man last April, will not be charged.

After an “exhaustive investigation”, District Attorney Bonnie Dumanis announced that her office will decline to file criminal charges against Officer Neal B. Browder who shot and killed 42-year-old Fridoon Zalberg Rawshannehad, an Afghan immigrant, in an alley next to an adult bookstore late at night.  The victim was unarmed – except for a pen.

DA Dumanis must have a stack of already printed-out forms that exonerate officers in police shootings, and just pens in the officer’s name, the victim’s name and dates. Has there ever been an officer who didn’t receive exoneration under her watch?

San Diegans – unfortunately – are pretty used to seeing any fatal conflict between civilian and officer always resolved in the officer’s favor. The city has a police review board, but it’s toothless and ineffectual.

This was the case that caused quite a stink in some corners. Security camera video from a nearby business supposedly showed that the victim posed no threat to the officer, a 27-year veteran of the SDPD who  had not switched on his body camera. His failure to do so led to a revised policy on body cameras by Chief Shelley Zimmerman – now”officers will now be trained to start recording prior to their arrival on radio calls that are likely to result in an enforcement contact.” Former policy had officers turn on the cameras at the beginning of an enforcement action.

The case grew scandalous when Chief Zimmerman refused to release the footage of the private security cameras, leading to increased speculation that it had something to hide – and which resulted in a bevy of mainstream media to call for its release, along with the Voice of San Diego. We joined that call.

There has been a wrongful-death suit filed against the Police by Rawshannehad’s family with the assertion that the private surveillance camera shows that the victim – their relative – was further away from Officer Browder that he claimed. The victim’s proximity was the reason for Browder to open fire.

But a judge has decided in the city’s favor after it went to court and ruled that the surveillance tape must remain under wraps until the lawsuit is finished.

Margaret Dooley-Sammuli – a policy director for the ACLU of California- stated:

“The department has said it is deploying body cameras in part to build community trust. Releasing the surveillance video would show the community the department is committed to that promise.”

This just in: Doug Porter over at San Diego Free Press looks at the larger problem – the use of deadly force by San Diego cops.