After investigators determined that Glenn was on his stomach and using his arms to push himself off the ground when he was shot, LAPD Chief Charlie Beck announced in January 2016 that he would recommend that the prosecutor, DA Lacey, file charges against Proctor for Glenn’s death.

In a 12-page document, Beck noted that both responding officers were aware, before their arrival, that they would be dealing with someone who was possibly intoxicated but that the officers failed to develop a tactical plan.

He also deemed Proctor’s defense that Glenn was reaching for Kawahara’s weapon to be null and void. Kawahara said that he did not feel a tug on his holster, and Beck added:

Video footage obtained from the Townhouse Bar captured the struggle between Glenn and the officers and at no time during the struggle can Glenn’s hands be observed on or near any portion of Officer [redacted] holster. Officer [redacted] holster was attached to the left side of his duty belt.

Witnesses to the incident also said that they didn’t see Glenn reach for Kawahara’s gun. Kawahara said he had no idea why Proctor shot Glenn. DNA tests of Kawahara’s service belt were inconclusive. A police commission investigating the incident concluded that a “reasonable” officer would not have viewed Glenn as a threat. The city of Los Angeles eventually paid Glenn’s family $4 million to settle a wrongful death suit.

Despite the abundance of evidence, on March 8, Lacey decided that her office would not pursue criminal charges against Proctor because, apparently, Los Angeles County prosecutors require more than video evidence, testimony from officers at the scene and eyewitness testimony.

“A duty to file criminal charges exists only when our office determines that the admissible evidence is of such a compelling force that it would warrant a conviction after considering the most plausible, reasonable and foreseeable defenses,” Lacey’s office explained in an 88-page memo. “That is not the case here.”

The explanation does not contend that the shooting was justified. It only speculates that it would be hard for Lacey’s office to win the case, with Lacey grasping at every available straw to explain her decision. She even added that no witness could say for sure that Glenn didn’t grab Kawahara’s gun.

Lacey, however, did not include the fact that witnesses could not also state emphatically that Glenn was not a wizard who was immune to the laws of physics and gravity.

Seth Stoughton, a law professor who also served as a police officer, said he believes that there was enough evidence to present to a jury. Robert Saltzman, a former dean at the University of Southern California Law School who also served on the police commission that deemed the shooting unjustified, said that Lacey’s report “bends over backwards to find, and then rely on, speculative conclusions to exonerate the officer.”

In 2014, LAPD officers shot and killed 25-year-old Ezell Ford, who was black and unarmed. In 2015, LAPD officers shot and killed Charly Keunang, who was black and unarmed. Since 2000, 795 people have been killed by LAPD officers. In a county that is 9.1 percent black, more than 25 percent of the victims have been African American.

The Los Angeles prosecutor’s office has not charged a police officer with an on-duty shooting in more than 15 years.

Maybe they will finally prosecute when a police officer murders an unarmed black man on live television during Monday Night Football on the 50-yard line of an L.A. Rams game as the super slo-mo replay cameras capture the police killing in high definition and surround sound from 18 different angles, the blood splatters only missing the few disrespectful players who dared to kneel while our heroic first responders unfurl the symbol of freedom and justice to the waning notes serenading all who live in the land of the free and the home of the brave.

... and Brendon Glenn will still be dead.