From [HERE] MARTA police have exonerated officer Robert Waldo who shot to death a 19-year-old Black teen, Joetavius Stafford, last year who police claim had a gun the night he was killed. But District Attorney Paul Howard has yet to say whether his office agrees the shooting was justified.

Despite demands from outraged citizens the prosecutor still can't figure out what to do about the police killing - it has been under "review" since Oct. 15, 2011.

MARTA spokesman Lyle Harris said the agency concluded on July 17, six days after the Stafford family filed a wrongful death lawsuit, that the shooting didn’t violate use-of-force guidelines. MARTA’s internal investigation only cites Waldo’s account of the shooting, that Stafford made a threatening move. It does not quote civilian witnesses who said Stafford was surrendering or was shot in the back or while on the ground.

Family members said Stafford was heading to the Vine City MARTA Station after a football game when a fight broke out between Stafford and another group. Stafford's mother said someone fired a gun into the air, causing the gathered crowd to scatter. Rodney said his brother was running from the area when Officer Waldo began chasing him, and that he had his hands up when the officer shot him.

"I witnessed that he was shot in the back," Rodney Stafford said. "My little brother had his hands up, and they shot him in the back." He said the officer shot his brother in the back two more times when he was on the ground.