FAST FACTS:
  • Bartlett detective won't be prosecuted
  • Shot and killed a man serving a warrant
  • Detective remains off the job until Bartlett finishes its investigation

(Memphis 3/15/2010) Losing his older brother Malcolm Shaw was bad enough, but finding out the officer who killed him won't be prosecuted is adding to Timothy Miers' pain.

"It's been real hectic man. I ain't had no sleep."

Memphis homicide detectives investigated the police involved shooting.


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Their conclusion: Bartlett detective Patrick Cici was justified in using deadly force to defend himself.

A spokeswoman for the Shelby County District Attorney confirmed they've declined to prosecute because they believe Cici acted in self defense.

Investigators say several Bartlett narcotics officers stormed the house in the 1300 block of Standridge. They say Cici fired off a single shot when he saw the 43-year-old man come from a back room armed with a gun.

"What I don't understand is if he was waving a gun, why was it only one person that did the shooting," asked Malcolm's brother.

The decision not to prosecute comes despite the fact that Memphis Police have said Bartlett PD did not follow protocol.

A Bartlett spokesman says they've not gotten official word the Memphis Police Department's investigation is over. When they do they'll start their own internal investigation.

Cici remains on administrative leave until Bartlett completes its investigation.