WWW.USDOJ.GOV

WASHINGTON, D.C. - After an extensive investigation into the shooting death of Hector Colon, the Justice Department's Civil Rights Division has ended its probe, determining that there was insufficient evidence to support a federal criminal prosecution.

The probe began shortly after Mr. Colon's death in October 1999. At that time, the Justice Department and state authorities initiated a joint investigation to determine whether federal or state law was violated in the shooting of Mr. Colon.

On October 6, 1999, Mr. Colon, who was wanted on a federal capital murder fugitive warrant, was shot by an FBI agent during an attempt to place him under arrest.

In order to prove a violation of a federal criminal civil rights statute, prosecutors must establish beyond a reasonable doubt that the police officers intentionally used more force than they could reasonably have thought necessary under the circumstances, taking into account the officers' training, experience and perceptions.

Federal officials carefully reviewed hundreds of pages of investigative reports, and conducted interviews with dozens of witnesses and potential witnesses regarding the facts and circumstances surrounding Mr. Colon's death. They also carefully examined all the medical evidence and conducted interviews of medical experts, and gathered and reviewed all pertinent evidence relating to the officers training and personnel history. At the conclusion of their review, they concluded that there was insufficient evidence to support a federal prosecution.

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