SALT LAKE CITY — Nearly three years after the incident happened, the Salt Lake County District Attorney announced criminal charges will not be filed against an officer involved in a 2020 shooting of an autistic teenager in Salt Lake City.
“Ever since then, he’s just never been the same,” said Wesley Barton, the teen’s brother.
Sim Gill made the announcement Friday, saying that their investigation resulted in the finding that the decision to use deadly force in the incident was unjustified but that criminal charges wouldn't be filed.
"In spite of the unjustified use of force, in applying the current law, the burden of proof required for a criminal prosecution, and the ethical safeguards imposed on the prosecution, we are unable to proceed with a criminal prosecution," he said.
“It feels like, in a way, the city’s let us down,” said Barton.
Gill walked through their review of the incident, drawing on expert analysis, body camera footage and testimony. He explained why charges would not be filed, saying the evidence would not likely meet the burden of proof.
WATCH: SLCPD releases bodycam video of officer shooting 13-year-old boy
"In short, we find the use of force neither necessary nor reasonable, and therefore unjustified," Gill said. "However, given the inherent conflict of experts which would introduce doubt, we believe we are not likely to meet our burden of proof."
Despite not filing criminal charges, Gil called the shooting "unreasonable” and “avoidable.”
"The use of force by Officer Farillas against an unarmed, 13-year-old child suffering a mental health crisis, on a subjective fear that was unreasonable given the facts of this incident, is an 'anticipatory shooting' that cannot be condoned without more," he said.
In the released findings, the District Attorney’s office shared what the officer told investigators after watching his body-cam footage: “I’m thinking he has a gun,” he said. “He’s going to try to kill me or kill someone else and that’s when I made the decision to fire.”
“It’s disgusting to hear that the officer said that,” said Barton. “Linden was walking away from him. To hear this now, about no charges being filed, it’s outrageous.”
In response to the District Attorney's findings, the Salt Lake City Police Department issued a statement, saying the internal review into the situation "remains ongoing" and that the department is continuing to work on diversifying its public safety response to unique situations.
"While the civil and criminal cases associated to this investigation have resolved, the department’s internal review remains ongoing," the statement reads in part. "Since this tragic incident, the Salt Lake City Police Department has invested in and has provided more resources for officers when they respond to people who are living with a mental health illness or are in crisis."
Linden Cameron was 13 years old when he was shot and wounded on September 4, 2020, FOX 13 News previously reported.
Police were dispatched after his mother called for help, saying he was "out of control" and needed to be taken to the hospital. She also told officers that she believed her son had a BB or pellet gun and had previously threatened to shoot one of her coworkers.
“To hear, ‘Tell my mom I love her. Tell my brother I love him,’ he genuinely feared he was in his last moments of life,” said Barton.
Just a few months after the incident, the family of Cameron announced a lawsuit filed against the officer who shot him, as well as SLCPD Chief Mike Brown and the city.
The lawsuit alleges the officers didn't use any form of de-escalation or less-lethal means of subduing him and that the shooting left the teenager with lasting physical and mental impacts.
In September 2022, Salt Lake City settled the lawsuit with the family. The Salt Lake Tribune reported the city reached a $3 million settlement.
“We just wanted to see that Linden actually got justice for himself,” said Barton.
After the settlement, Salt Lake City announced that the police department had improved the way in which officers respond to situations involving individuals on the autism spectrum.
The shooting also inspired Mayor Erin Mendenhall to require the Salt Lake City Police to publicly post all body-worn camera recordings of officer-involved critical incidents, up to the moment when officers begin rendering aid, to the department’s website.
Cameron's mother, Golda Barton, sent FOX 13 News a statement in response to the decision:
"Linden Cameron and his family grieve Sim Gill’s decision today not to prosecute the clearly unjustified shooting by Officer Matthew Farillas.
"The family of Linden Cameron have joined many other individuals and families to ask for greater transparency, more focused training, and prompt accountability by the Salt Lake City Police Department. Last year we announced that the family’s lawsuit with the SLCPD had settled. Although the SLCPD continued to deny liability, the settlement (which is the largest settlement on record for SLCPD) demonstrates SLCPD’s desire to acknowledge the wrongs committed and to take additional steps to improve training and communication with the public. More important, Linden and his family are grateful that the tragic shooting that occurred on September 4, 2020 has helped to shine a light on abuses and lack of training with respect to those with invisible disabilities like Autism, Linden and his family are grateful for the thoughts and prayers of family and friends and others who have each contributed to the continual process of reforming our police departments and making our streets safer.
"Today’s announcement by Mr. Gill that the District Attorneys’ office that the shooting was “unjustified” but that it will not prosecute Officer Farillas represents a significant backward step in the family’s ongoing healing process. We are concerned that the district attorney’s decision not to prosecute Officer Matthew Farillas will merely galvanize an already ingrained belief that certain citizens are not deserving of due process, fairness and common decency. The SLCPD’s effort to settle with Linden and his family and to improve its training stands in stark contrast to Mr. Gill’s decision today. Mr. Gill’s decision represents a miscarriage of justice and contributes to the steady erosion of trust by the public due to many documented instances of police violence and brutality (both in Utah and throughout the Nation). Moreover, Mr. Gill’s announcement invites confusion by the SLCPD and encourages it to deny any allegations, regardless of the gravity or severity of the officer’s wrongdoing because of Mr. Gill’s unwillingness to prosecute. The family calls on the media and other interested individuals and entities to investigate and report on the District Attorney’s lack of prosecutions and to hold him accountable. The family also laments that it has taken nearly 3-years to reach a decision. It appears that the timing of this decision, and the extensive delay, was intended to reduce the visibility and to distance Mr. Gill’s pre-determined decision from immediate public scrutiny during a time (in 2020) when emotions about public shootings were at their highest. These decisions should be made much sooner to help bring closure to the victims of police violence. We grieve Mr. Gill’s lack of courage to hold Officer Farillas accountable."
