The police officers involved during the shooting of Martavious Banks have been cleared of criminal charges, even though they turned off their body cameras during the event.
Shelby County District Attorney General Amy Weirich issued a statement Friday morning saying, “there is no evidence of any criminal conduct on the part of these officers.”
The move comes after the Tennessee Bureau of Investigations (TBI) gave Weirich its investigation report in January.
Memphis Police Department (MPD) director Michael Rallings asked the TBI to investigate the incident last year. Banks was shot by an MPD officer in September. The officers involved in the incident did not have their body cameras turned on during the incident.
While the police were cleared, Banks, 26, is now up on charges of intentionally evading arrest in a motor vehicle with risk of harm to others, unlawful possession of a weapon, driving while license suspended, revoked or canceled, and reckless driving.
Here’s the full statement from Weirich:
“On Thursday, a Shelby County Grand Jury indicted Martavious Banks, 26, on charges of intentionally evading arrest in a motor vehicle with risk of harm to others, unlawful possession of a weapon, driving while license suspended, revoked or canceled, and reckless driving.
These indictments stem from an incident that occurred on September 17th, 2018. On that date, Martavious Banks was shot by a Memphis police officer.
I asked the Tennessee Bureau of Investigation to investigate the shooting and the events leading up to it after learning that some officers had disengaged their body-worn cameras during the pursuit of Martavious Banks. The TBI conducted a complete investigation and delivered the report to me on Jan. 11 of this year.
“The report has been reviewed by our office to determine if any state criminal laws were violated. My job is not to determine if policies or procedures of the Memphis Police Department were violated that day.
“After reviewing the investigative file and all of the evidence available to us, I asked the TBI to seek an indictment against Martavious Banks. I have not requested and will not request criminal charges against any police officers involved in the incident. There is no evidence of any criminal conduct on the part of these officers.
“In addition to the indictments returned Thursday, Martavious Banks has pending criminal cases in General Sessions Criminal Court Division 10 and in Criminal Court Division 6. An arraignment date on the new indictments has not been set.
Because of the pending prosecution, our office is prohibited from releasing to the public at this time any body-worn camera footage or any information contained in the TBI investigative report.”