Video review won't change decision not to charge task force members who fatally shot Winston Smith
The decision to not charge the law enforcement officers involved in the killing of Winston Smith in Minneapolis in 2021 will stand after a review of cellphone video of the encounter, the Hennepin County Attorney's Office said Friday.
Members of a U.S. Marshals Service Fugitive Task Force fatally shot 32-year-old Smith while serving an arrest warrant atop an Uptown parking ramp on June 3, 2021. The Minnesota Bureau of Criminal Apprehension investigated the killing and the Crow Wing County Attorney's Office reviewed the investigation, determining charges were not warranted.
In November 2024, the BCA managed to unlock Smith's phone after several unsuccessful attempts. On the phone, the agency found a video recording of Smith's killing and the events prior. Given the new evidence, the Hennepin County Attorney's Office sought to determine if the case should be reopened.
According to the attorney's office, the video shows task force members surrounding Smith's vehicle and ordering him to exit, then striking the window to try to get inside the vehicle.
"It is unknown what Mr. Smith believed the actions to be, however, but his next action is to retrieve a handgun from the center console of the vehicle and begin to fire at officers," the attorney's office said. "Officers then return fire, striking and killing Mr. Smith."
In the wake of the killing, there were questions about who fired first. A woman who was inside Smith's vehicle during the shooting said she never saw his weapon, though law enforcement recovered a handgun and several spent casings. Investigators were also unsure who shot first. According to the attorney's office, the video has settled that matter.
The attorney's office said the video "does not change the conclusion previously reached by [the Crow Wing County Attorney's Office] that the use of force was legal."
"While the video clearly answers the question on the legality of the use of force employed, it does raise a new question of whether other options existed to take Mr. Smith into custody," the attorney's office said.
The attorney's office added that "the view provided by the video warrants a conversation about opportunities for policy change, training, and use of de-escalation techniques that could be employed in the hope of avoiding the outcome observed here, namely a person in distress resorting to violence," but said that question requires "the expertise of law enforcement" and "is outside the scope of the HCAO's decision-making authority."
WCCO has reached out to the U.S. Marshals for comment. The agency said it plans to share a statement.
The video has not yet been made public. The BCA said it would release it Friday afternoon.
The Hennepin County Sheriff's Office released the following statement:
"Every death is a tragedy and our hearts are with Mr. Smith's family and friends as they grieve. As the video confirms, the task force members were in a situation where their lives, as well as the lives of others, were at risk. For law enforcement officers involved in incidents where they must use deadly force, the mental and emotional toll often have lasting impacts. Now that this video is released and the case is closed, we are hopeful everyone involved can find closure.
"Additional speculation about the incident and as to possible alternative actions law enforcement could have taken is unnecessary and unhelpful. Our deputies put their lives at risk every day so that our community is safe. Our Office remains committed to the safety and well-being of the people of Hennepin County."
At the time of Smith's killing, U.S. Marshal task force deputies were prohibited from wearing body cameras, but the U.S. Department of Justice changed its policy after his death. Marshals in Minnesota began wearing the cameras shortly thereafter. The attorney's office called the increased use of body cameras "commendable" in its decision on the Smith case.
Smith's killing occurred about a year after former Minneapolis police officer Derek Chauvin murdered George Floyd. As with Floyd's death, protests followed the shooting of Smith.
Note: The video above originally aired Dec. 3, 2024.
