MEMPHIS, Tenn. — What happens next for Darrius Stewart’s family and Memphis Police Officer Connor Schilling is still a mystery.
But former U.S. Attorney David Kustoff might have a better idea than most.
Stewart’s family and Congressman Steve Cohen have demanded the Department of Justice get involved to see if Schilling violated any of Stewart’s civil rights.
Steve Mulroy, a former federal prosecutor told WREG how that might happen.
“You would have to prove by what’s called a preponderance of the evidence, slightly more likely than not that the officer violated some standard, either negligence or excessive force,” he said.
No matter what, someone will need access to the 800 page report about the shooting by the TBI.
As a series of WREG Investigations uncovered, state law seals all criminal cases handled by the agency.
While that means secrecy, Kustoff said handing the case from the MPD to the TBI was a good call.
If the feds decide to get involved, he said, they would then initiate a prosecution in federal court for federal right charges.
