DURHAM – Criminal charges will not be filed for the death of Jesus Huerta, the Durham teenager who shot in the head last fall while sitting handcuffed in the back of a police car, the Durham County district attorney announced Tuesday.
Multiple news outlets report that District Attorney Leon Stanback said his prosecutors reviewed the State Bureau of Investigation’s report of the shooting and found that there was no probable cause for any criminal charges to be issued.
On November 19 of last year, Officer Samuel Duncan was transporting seventeen-year-old Huerta to Durham police headquarters just before 3 a.m. to pick up a warrant charging the teen with second-degree trespassing.
Police said that when Duncan arrived in the station’s parking lot, he heard a loud noise in the car. Duncan then said he jumped from the vehicle, and the patrol car rolled into a nearby van with Huerta in the back seat.
The Durham Police Department is currently investigating whether Duncan violated policies in how he handled Huerta’s arrest, WRAL reported.
The question remains of how Huerta had a gun after being handcuffed and patted down.