Two Milwaukie officers were under investigation for the shooting of a 21-year-old last fall. The officers were not charged (file photo).

This story has been updated from its original version.

A grand jury convened by the Oregon Department of Justice decided June 11 that there was not enough evidence to move forward with charges against two Milwaukie police officers who shot a man last fall, leaving him permanently incapacitated.

Sgt. Eduardo Sanchez and Officer Kwasean Akom of the Milwaukie Police Department shot 21-year-old Hunter Newton in a Milwaukie Taco Bell parking lot early in the morning Sept. 30 after pulling him over for driving with a suspended license.

Sanchez and Akom reportedly shot Newton, who was unarmed, as they tried to pull him out of his car after he refused to get out. One of the bullets struck Newton in the head.

According to the Oregon Department of Justice, the officers heard a muffled pop come from Newton’s car, which they believed was the sound of a gunshot.

“However, surveillance footage captured a small object that was propelled from Mr. Newton’s vehicle, producing a small explosion and loud noise,” the Oregon Department of Justice shared after the grand jury decision. “Witnesses nearby reported hearing what they believed was a gunshot before the officers fired their weapons.”

Investigators later learned there was no gun in Newton’s car.

Newton’s family previously stated through one of their attorneys, Thomas Rask, that a half hour or more went by between the time officers shot Newton and when he received medical aid.

Rask and his colleague Zachary Walker expect to file civil litigation against the Milwaukie Police Department, Clackamas County and others involved in the incident on behalf of the Newton family. Rask and Walker expressed disappointment in the grand jury decision.

“Hunter’s parents are frustrated that the grand jury’s determination forecloses on some of the justice the family is seeking for Hunter,” Rask stated. “Hunter is a young man who had his full life ahead of him, and in one moment, that changed forever. He is now permanently disabled and his opportunities for a vibrant life are forever diminished.”

Walker added that Newton will need lifelong medical care as a result of the shooting.

“We are working to ensure he will have what he needs to maintain what health he still has moving forward from this tragedy,” Walker said.

The Oregon Department of Justice, which carried out the investigation of the shooting at the request of the Clackamas County District Attorney’s Office, said the grand jury reviewed body camera footage from the officers, other surveillance video and heard testimony from experts and eyewitnesses before reaching the decision.

“This was a deeply traumatic incident for everyone involved – Mr. Newton and his family, the officers, and the Milwaukie community – and we recognize the irreparable pain that follows an event like this,” Attorney General Dan Rayfield said in a press release. “I have utmost gratitude for the Oregonians who took part in the grand jury and reviewed the evidence of this case with the attention and care it required. My office is committed to transparency, accountability, and continuing to build trust between law enforcement and the communities they serve.”

The Milwaukie Police Department did not immediately respond to a request for comment.