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PLEASANT PRAIRIE, Wis. - Kenosha County prosecutors will not charge Pleasant Prairie police in the death of Jacob Albright on July 20.
Police say he shot himself in the back of a squad car outside the Kenosha County Jail.
Though his family said Albright was wearing a t-shirt and basketball shorts, a letter from district attorney Michael Graveley suggested that police missed the gun.
Ever since the 36-year-old man died in Pleasant Prairie police custody, Alrbight’s family has wanted the full picture.
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"The fact is he had a gun [and] they didn’t find it," Jerry Albright said. "They should have."
Around 3:45 p.m. that day, police said they arrested Albright on "weapons related offenses" outside a Super 8 hotel.
Graveley said officers Matz and Gorman led Albright to Matz’ squad car for a search and Albright began "thrashing" his arms.
Once they secured Albright, Gravely said they searched him against the outside of the car, but both determined a more thorough search should happen in the sally port at the Kenosha County Jail.
Jacob Albright
Due to Albright’s "resistive behaviors," Gravely said the squad video shows Albright unfasten his own seatbelt and reach into his rear waistband area, though handcuffed.
At 4:13 p.m. that day, Gravely noted Albright rolls onto his side while moving his hands behind his back. He sits up and that is when Gravely noted a black handgun appeared on his seat.
A loud "pop" is heard just as the squad approaches the sally port driveway.
Gravely wrote that it is clear Albright shot himself and concluded that officers will not face criminal charges.
Albright’s family sees it differently.
"There is no way that a weapon should make it in the back of a squad with a detained individual," James Gende with Gende Law Offices said. "No way."
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Graveley said the gun found in the backseat was not the service weapon of a Pleasant Prairie police officer.
Pleasant Prairie Police Chief David Smetana is expected to release a statement as soon as Tuesday.