A grand jury has declined to charge police in the December shooting of a mentally ill Rockland County man, officials said Tuesday.
The grand jury found that Officer John Roper was acting in defense when he shot Herve Gilles during a fight outside a bar at about 3:22 a.m. on Dec. 14.
Gilles' family said Tuesday they were "disappointed" in the grand jury's decision, and their lawyer said they would pursue a civil lawsuit and a federal investigation.
The shooting of the unarmed Haitian immigrant has brought protests in the community.
According to Rockland County District Attorney Thomas P. Zugibe, Roper was responding to a call that Gilles was throwing rocks near a bar on Furman Place in Spring Valley.
Zugibe said in a statement Tuesday that Gilles "attacked and assaulted" the officer after taking his nightstick.
The officer was in pain, with a numb arm, and "was in fear for his life," Zugibe said. He fired at Gilles as he raised the nightstick again, but Gilles continued to hit him with the nightstick.
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He fired again and struck Gilles in the head, killing him.
The grand jury, Zugibe said, found that Roper "was justified in using deadly physical force against Mr. Gilles."
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