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Grand Jury: Demarcus Semer shooting "lawful but awful"

Grand Jury: Demarcus Semer shooting "lawful but awful"

It's quiet on this Tuesday night in Fort Pierce, just a few hours after a grand jury decided not to indict two police officers involved in the shooting death of Demarcus Semer back in April.

And despite concluding that Officers Keith Holmes and Brian MacNaught reasonable feared for their lives - justifying deadly force - the chief investigator in this criminal case concluded while it was lawful, it was also awful.

"When this case is done, everything and I mean everything that we did in the course of this investigation, will be open for public inspection," said Chief Assistant State Attorney Tom Bakkedahl at a press conference Tuesday afternoon.

And as promised, Bakkedahl released over 4000 pages of documents for the public to scrutinize.

But for some, like Semer's mom, this was the wrong outcome.

"They just killed him for nothing," exclaimed LaTrecia Middleton, crying as she left the St. Lucie County Clerk of Circuit Court building. "They didn't have to kill him. Golly, for what?"

After CBS 12 reviewed all the documents released, it's now revealed that investigators questioned Officer Holmes on April 25, two days after the deadly shooting.

Officer MacNaught was questioned four days later - on the 27th.

Both had attorneys present.

Documents also show the stop - due to Semer allegedly speeding - wasn't done by the book.

Semer's car was still running when officers demanded he get out.

And at another point, when Officer MacNaught got into the car and was hanging out when Semer sped away, Officer Holmes fired into the car, further putting his partner in danger.

"There are possibly things that could have been better but it doesn't make what they did illegal," said Bakkedahl.

Documents also reveal Officer Holmes has faced prior suspension by the Fort Pierce Police Department for not following proper police procedure during a police chase in 2004.

According to a medical examiner's report, Semer -

respected by many in the community - had a small amount of marijuana in his blood that fateful night.

And one more thing: even though the Fort Pierce Police Department has the equipment for officers to record there actions, no video of what happened exists.

"Again, because I don't have that video, because I really would have liked to have known what that encounter was like," expressed Bakkedahl with frustration.

The entire episode - according to Bakkedahl - lasted about 30 seconds.



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