U.S. Attorney's Office Concludes Investigation Into Fatal Shooting of Carjacking Suspect in Southeast Wasington

            WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the actions of four officers from the Prince George’s County and Forest Heights, Md., Police Departments who were involved in the fatal shooting of James W. Covington, Jr. on Nov. 2, 2015, following a carjacking in Maryland and a police pursuit into Washington, D.C. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officers involved in the fatal shooting of Mr. Covington.

            The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident, including interviews of civilian and law enforcement witnesses as well as a review of forensic and autopsy reports, photographs, diagrams, physical evidence, recorded radio communications, video evidence, and reports from law enforcement agencies and the District of Columbia Department of Fire and Emergency Medical Services.

            According to the evidence, the shooting took place on Nov. 2, 2015, at approximately 7:30 p.m., in the 2800 block of Gainesville Street SE. It followed a chain of events that began at 7:15 p.m., when a 2011 Toyota Camry was stolen from a man during an armed carjacking and assault in Fort Washington, Md. The Prince George’s County Police Department responded within minutes of the crime, and a look-out was broadcast with a description of the vehicle and the suspect.

            A Prince George’s County police officer spotted the vehicle a quarter mile from where it was stolen, followed it a short distance, and then activated his lights and siren. The Camry’s driver, later identified as Mr. Covington, failed to stop, and other officers joined the pursuit. Once Mr. Covington reached Route 210, he increased his speed to 85 to 95 mph. When the pursuit crossed into Forest Heights, Md., two Forest Heights police officers responded to a call for assistance. A police helicopter was also dispatched to assist with the pursuit. As the pursuit approached the Suitland Parkway and 30^th Street SE in Washington, D.C., the carjacked vehicle hit a curb and the front tire became flat. Mr. Covington did not stop. Mr. Covington continued onto Naylor Road SE, before turning left onto Gainesville Street SE.

            According to the evidence, Mr. Covington bailed out of the car and attempted to flee on foot, at one point jumping over a fence. He did not respond to orders from police to stop or show his hands. During a foot pursuit, Mr. Covington was armed with a gun and he pointed the weapon at police. The four officers from Prince George’s County and Forest Heights, who were involved in the pursuit, discharged their weapons during the confrontation, fatally wounding Mr. Covington.

            Mobile Crime technicians recovered a 9mm Luger semi-automatic handgun near Mr. Covington’s body. The handgun had one round in the chamber and 11 rounds in the magazine; the magazine has a capacity of 15 rounds. Two of the officers involved in the shooting reported that they believed Mr. Covington fired the gun during the confrontation, but no shell casings were found and there is insufficient evidence to determine whether Mr. Covington had recently fired the weapon.

            An autopsy determined that Mr. Covington, 62, died from multiple gunshot wounds.

            After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officers used excessive force under the circumstances. To the contrary, there is sufficient evidence that the officers were acting in self-defense at the time of the shooting.

Use-of-force investigations generally

            The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.

            The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.