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FOR IMMEDIATE RELEASE CRT

THURSDAY, SEPTEMBER 14, (202) 514-2007


2006 TDD (202) 514-1888
WWW.USDOJ.GOV

Justice Department Closes


Investigation
Into Death of Noah Jamahl Jones
WASHINGTON – The Civil Rights Division of the U.S. Department of Justice, the
U.S. Attorney’s Office for the District of Maryland, and the Federal Bureau of
Investigation (FBI) announced today that there is insufficient evidence to pursue
federal criminal civil rights charges against six white men involved in a July 24,
2004, altercation which resulted in the death of Noah Jamahl Jones, an African-
American teenager.

The Criminal Section of the Civil Rights Division, in conjunction with the FBI,
opened this investigation based on allegations that Mr. Jones’ death may have
resulted from a racially-motivated attack. The U.S. Attorney’s Office assisted in the
investigation.

During the federal investigation, the FBI interviewed witnesses and reviewed
investigative reports, an autopsy report, and records from a state investigation and
prosecution. In May 2005, the state of Maryland tried Jacob Fortney, one of the six
white men involved in the incident, for voluntary manslaughter. After a four-day
trial, a jury acquitted Fortney of that charge.

Experienced civil rights prosecutors reviewed the voluminous transcripts from the
state investigation and criminal trial. Based on careful review and analysis of all of
the evidence related to Mr. Jones’ death, the Civil Rights Division and the U.S.
Attorney’s Office determined that the evidence was insufficient to support a federal
criminal civil rights prosecution.

In order to prove a violation of federal criminal civil rights law, the United States
would have to meet a high burden of proof that cannot be met in this case. The two
relevant civil rights statutes require the government to prove, beyond a reasonable
doubt, that Mr. Jones was killed both because of his race and because he was
exercising a specific federally-protected right, such as the right to enjoy a home, a
public education, or a public facility.

The available testimonial and physical evidence in this case is insufficient to prove
beyond a reasonable doubt that the subjects’ actions were motivated by the victim’s
race. Moreover, the evidence is insufficient to prove beyond a reasonable doubt that
the violence was intended to interfere with any of Mr. Jones’ federally-protected
rights. The evidence is insufficient to prove that it involved a willful violation of
federal criminal civil rights laws. Accordingly, the Department of Justice has no
choice but to close this matter without prosecution.

The U.S. Attorney’s Office, the Civil Rights Division of the Department of Justice,
and the FBI devoted many hours and significant resources to a complete and careful
review of the events surrounding Mr. Jones’ tragic death. The decision not to pursue
criminal charges is based on painstaking analysis of the facts developed during a
lengthy and thorough investigation. The Department of Justice remains committed
to investigations of this kind and stands ready to devote the resources required to
ensure that all allegations of serious civil rights violations are fully and completely
investigated. The Department of Justice aggressively prosecutes criminal civil rights
violations whenever the evidence developed in these investigations warrants doing
so.

Officials from the U.S. Attorney’s Office, the Civil Rights Division, and the FBI
met earlier today with representatives of Mr. Jones’ family to advise them of this
decision.

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06-619

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