United States Department of Justice

“ The federal criminal investigation considered whether Agent Horiuchi violated federal civil rights law, and found that the critical element of willfulness necessary for a federal civil rights violation could not be established beyond a reasonable doubt. Such willfulness -- defined as knowing, intentional use of unreasonable force -- could not be made out against Horiuchi. ”

“ A different showing is required to prove a violation under federal law, which contains different standards than state law. A federal criminal investigation that concluded last week did not address the same issue as the state investigation, because no federal crime covers the reckless, careless, or negligent use of a firearm. The federal investigation, which involved hundreds of interviews and hundreds of thousands of pages of documents, concluded that the available evidence did not support a federal criminal prosecution of Horiuchi. ”