Judge releases body cam video, DA announces officer not charged in shooting

CHARLOTTE, NC– “This was a mental health call, and if this is the way mental health calls are handled people will be afraid to call the police,” said Mosiuk family attorney, Lauren Newton.

The family and attorney for Yaroslav Mosiuk left the courthouse with a win. A judge ordering the body cam footage be released. The request went unopposed in court though because DA Andrew Murrey announced just a couple of hours earlier that the state won’t charge officer Brian Walsh in the March 8th shooting.

“It was the exact right decision, unfortunately sometimes officers have to use their firearms,” said Officer Walsh’s attorney, Mike Greene.

The DA’s report says Officer Walsh was justified to use deadly force. A still photo from the body cam video shows Mosiuk in the front yard of his sister’s Justice Avenue home pointing a rifle at the officer’s partner. The DA’s report says the rifle was loaded but inoperable. Something Mosiuk’s sister told 911 dispatchers:

“He grabbed the rifle from under the bed and he tried to load the magazine but the main like part to it is hidden, you know, we take it apart, like hide it,” said Olesya in the 9-1-1 call.

“These officers have to deal with what they see at the time and Are you going to take somebody’s word that a gun’s not loaded from somebody who leaves a gun in the house? ” said Greene.

The report says though Mosiuk’s death is a tragedy it is not a crime. Family Attorney Lauren Newton says CMPD still has not said if the officers were trained for mental health calls, so they still want the public to see the video.

“I think it’s always important we have the footage released and I think CMPD has said they are committed to transparency,” said Newton.