MEMPHIS, Tenn. — WREG is getting answers about a Shelby County Grand Jury’s decision not to indict a Memphis Police officer who shot and killed a 19-year-old during a traffic stop.
The incident happened back in July in Hickory Hill.
According to police, Officer Connor Schilling made a traffic stop when he discovered one of the passengers in the vehicle, Darrius Stewart, had two outstanding warrants.
When he attempted to take Stewart into custody, the police department said Stewart fought back, attacking Schilling.
They said at one point Stewart was able to get a hold of Schilling’s handcuffs and attacked him.
Schilling then shot and killed Stewart.
Four days into the investigation, District Attorney Amy Weirich requested the TBI to step in and investigate.
The TBI generated an 800-page report and the findings were presented to a grand jury on Tuesday.
It took jurors only a few hours to decide not to hold Schilling responsible for killing Stewart.
According to Tennessee law, felony cases must go before the Grand Jury.
Steven Mulroy, Associate Dean of the University of Memphis Law School was surprised when a Grand Jury did not indict Officer Schilling.
“It is extremely rare for a Grand Jury to decline to indict if the prosecutor recommends an indictment,” said Mulroy.
He said if a prosecutor makes an aggressive case, usually the Grand Jury goes along with it.
“They don’t work for me, they don’t work for the DA’s Office. They are selected from the community,” explained Weirich to the media Tuesday afternoon.
Weirich asked for a voluntary manslaughter indictment against Schilling, but she’s not the one who presented the case to the Grand Jury according to her office.
That was left up to the TBI.
What went on when the Grand Jury met, as well as the makeup of the jury, were kept secret.
As controversial as the outcome might be, that’s how the process works.
Mulroy said technically Weirich could ask another Grand Jury to look at the case.
“It isn’t really considered appropriate for a prosecutor to just keep getting more and more bites at the apple unless new evidence arises,” he said.
Another question is why the case was taken to the Grand Jury without arresting and charging Schilling?
We asked the DA’s Office for comment but was told she was too booked on Wednesday to meet with us.
It’s worth noting that even if Schilling had been charged, the case would still have gone before the Grand Jury.
As seen on Tuesday, the Grand Jury didn’t think there was enough evidence to charge him.
Stewart’s family still have the option to file a civil lawsuit and the Department of Justice said they’re monitoring the case to see if they’ll open an investigation as well.
