District Attorney: MPD officers not cleared in fatal shooting of Jermaine Claybrooks

MILWAUKEE COUNTY, Wis. (CBS 58) -- We're learning more about the officer-involved shooting death of Jermaine Claybrooks.

Three of the officers involved won't face charges but the DA has not made a decision about the other officers involved.

A total of six officers fired shots. The DA ruled that two of the West Allis officers and a DEA agent were justified but the three Milwaukee Police Officers involved did not cooperate with the investigation and have not been cleared yet.

Wauwatosa Police, who led the investigation, released the more than 500-page case file on Monday.

According to those reports, the three MPD officers declined to provide statements to investigators. A lawyer for those officers wouldn't comment. CBS 58 News asked the DA if not providing statements is delaying the decision about charges, he declined to comment on the case.

Now the other three officers, who have been cleared, did give statements. All three said they started firing after someone yelled: "he's got a gun" or "he's pointing a gun at you" but it's unclear who said it.

A gun was recovered in Claybrook's hand according to the report but it doesn't appear he fired any shots. Claybrooks was shot a total of 10 times. 

A Wauwatosa Police Spokesman said their investigation is complete and is in the hands of the DA. He added as with any criminal investigation, no one can be compelled to make a statement.

MPD says the three officers remain on administrative duty pending the DA's decision and the conclusion of the internal administrative inquiry.

The letter from the District Attorney's office about the findings of the investigation has been attached below.