No charges filed against Dayton officers in death of 16-year-old Brian Moody
Two Franklin County assistant prosecuting attorneys served as special prosecutors in the investigation.
Montgomery County Prosecutor Mat Heck Jr. requested special prosecutors handle the investigation and then present it to a Montgomery County grand jury for the consideration of charges.
"(Monday), a Montgomery County grand jury declined to return an indictment in this case," read a statement from the Franklin County Prosecutor's Office. "A grand jury only inquiries into whether or not a crime has been committed and, in this incident, whether any degree of unlawful criminal homicide occurred."
On June 29, two officers were investigating a pop-up party in the 500 block of Negley Place.
Partial body camera footage released by police last year showed an officer get out of a cruiser and attempt to talk to a teen, later identified as Brian Moody, as he walked away from police.
"Come here and talk to me real quick," the officer said.
When a woman asked "Who?" the officer responded, "This man right here," while gesturing at Moody.
Moody can be seen turning back toward police before starting to run away.
While running through a grassy lot, Moody turned and looked over his left shoulder at police and was shot.
The body camera footage released by police ended before the officers fired.
The two officers fired eight shots. Moody was hit once on the side of his left shoulder, which caused internal injuries, Dayton police Chief Kamran Afzal said previously.
During a press conference last year, the chief said police fired the first shot when Moody turned and looked back at officers.
"That's when the first shot is fired, when he's turning and it looks like something is in his right hand," Afzal said. "At least that's what the video shows."
Police and an off-duty nurse provided medical care for the teen. Moody was transported to Miami Valley Hospital, where he died.
A Glock 17 that was modified to be fully automatic was found in the grass near the teen, Afzal said. It had 30 live rounds and one in the chamber.
The two officers involved in the shooting have not been identified. Both were in their sixth year with the Dayton Police Department at the time of the shooting.
They had a combined 18 commendations and one written reprimand each, one for body camera procedure and the other for improper Taser testing, according to the chief.
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