Photo by Adam Gerard
A Metro Transit Police officer who fatally shot a man in the middle of a Metro tunnel will not be charged, the U.S. Attorney’s Office of D.C. announced today.
After a comprehensive review process, the attorney’s office said there was not enough evidence to show that the officer used excessive force or “possessed the requisite criminal intent” in Bobby Gross’s death last March.
Metro Transit Police were investigating the westbound tunnel of the Potomac Avenue station on March 12 after a train operator reported an unauthorized man wandering around at about 8:53 p.m. Upon investigation, one officer fired a gun, killing Bobby Gross. He was pronounced dead at the scene.
The review was conducted by the U.S. Attorney’s Office for D.C., the Metropolitan Police Department and the Metro Transit Police, according to a release. It included interviewing more than a dozen law enforcement and civilian witnesses, collecting physical evidence on the scene, viewing Metro Transit video footage and diagrams, examining DNA, ballistics and forensics evidence, and more.
The shooting took place at 9:06 p.m. on March 12, 2015, according to the evidence. Here’s their account:
The Metro Transit Police officer was dispatched to the Potomac Avenue station to respond to a report of an unauthorized person inside one of the Metro tunnels. Metro personnel had seen the individual, later-identified as Mr. Gross, running through the tunnels between the two stations wearing a T-shirt, boxer shorts, no shoes, sweating profusely, and carrying a large branch.
Once inside the tunnel, the officer encountered Mr. Gross. The two were face-to-face on an elevated 21-inch catwalk that is adjacent to the tracks – including a 750-volt “third rail” – on which the Metro trains run. The officer greeted Mr. Gross but he did not reply.
When they were within 10 feet of one another, Mr. Gross pulled out a large branch from behind his back, which was later determined to be three feet long, 2.5 inches wide, and approximately three pounds. He held the branch waist high, pointing it at the officer as he continued to advance.
Mr. Gross did not comply with the officer’s order to drop the branch and instead advanced more rapidly. Train marker signs protruding from the walls prevented the officer from safely backing up without risking hitting a sign and falling onto the live wire. Drawing a firearm, the officer warned, “Drop the stick or I’ll shoot you!” Mr. Gross continued to advance and the officer fired one round.
Mr. Gross then began to sprint toward the officer, who fired three more times. Mr. Gross then used his body weight to thrust the branch at the officer, striking the officer in the hands and arms. The officer fired one more round, and Mr. Gross fell to the tracks. Mr. Gross, 35, was shot a total of five times, with injuries to his chest, abdomen, trunk, chin, and palm.
