From [HERE] and [HERE] Seattle police Officer Ian Birk, who fatally shot Native American woodcarver John T.
Williams last summer, resigned on Wednesday after a firearms review panel ruled the shooting unjustified and the King County prosecutor announced that Birk would face no criminal charge.
Birk "committed serious tactical errors" in the confrontation, but did not act with malice or criminal intent, King County prosecutor Dan Satterberg said Wednesday.
In a video of the shooting, Birk could be heard telling Williams before shooting him to drop his knife. Williams was a woodcarver and a First Nations member from Vancouver Island.
Satterberg told reporters gathered for a news conference that state law protects police officers from a homicide charge unless there's evidence of malice or bad faith.
"What the state would have to prove beyond a reasonable doubt is that the officer was not telling the truth, that he did not really feel like he was in danger and that when he ... exited his car to go encounter this individual, he had every intent to kill him no matter what," Satterberg said.
Specifically, the law, RCW 9A.16.040, states that, "A public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable."
Satterberg said the shooting is still troubling, and Birk could face a civil lawsuit.
Satterberg acknowledged that he was troubled by Birk's decision to confront Williams in the first place and also by the officer's quick decision to open fire.
Native groups and others held several demonstrations following the incident, protesting against what they described as racism in the police force.