Officers cleared in fatal shooting of Jermaine Claybrooks, but family has more questions

WEST ALLIS -- No charges will be filed against the two West Allis police officers who shot and killed 32-year-old Jermaine Claybrooks in March. The law firm representing Claybrooks' family said a news release on the shooting left them with more questions than answers.

The Milwaukee County district attorney cleared the two officers and a U.S. Drug Enforcement Administration agent in the use of deadly force during the shooting of Claybrooks. They were three of six officers. The remaining officers are with Milwaukee police and have declined to give a statement on their role in the shooting. This greatly concerns an investigator with the attorney representing the Claybrooks family.

The Monday, September 18th release says Claybrooks was being investigated for possible heroin dealing. The plan was to block him in during the deal. He lost control of his vehicle and hit a tree.

Multiple witnesses gave statements that they heard officers give verbal commands for Claybrooks to step out of his car -- contrary to what some people at the scene told FOX6 News at the time.

The DEA agent said he saw Claybrooks point a gun at an officer. That is when he fired his weapon for "fear of his life."

The two other West Allis officers fired their weapons as the words "Gun, gun, he has a gun" were shouted on the scene.

Claybrooks was shot 10 times. Investigators found him with "a semi-automatic pistol in his right hand with his finger on the trigger." Drugs and $30,000 in cash were found in the car.

Daniel Storm, a private investigator, said the evidence does not tell the whole story.

"We asked, 'did you test the weapon to see if it had been fired,' they said 'no.' 'Did you test any of the drugs or anything that you say you found in the car later for fingerprints?' They said 'no.' Why not?" Storm said.

Storm said this plus no statements from the remaining three officers is frustrating to the Claybrooks family. The family is now planning to take further legal action.

"It's only been what they want us to see. Once we're in federal court, we will have everything," Storm said.