- Associated Press - Wednesday, April 22, 2015

MARTINSBURG, W.Va. (AP) - Federal authorities plan to review evidence from a state investigation of the fatal shooting of a Virginia man by Martinsburg police.

U.S. Attorney William J. Ihlenfeld notified Berkeley County NAACP President Hubert J. Smith of the review in a letter sent last week. Smith read the letter at a Martinsburg City Council meeting on Tuesday, media outlets reported.

The review will be conducted by Ihlenfeld’s office and the criminal section of the Justice Department’s Civil Rights Division.

“If our review of the evidence shows a prosecutable violation of a federal criminal civil-rights statute, then appropriate action will be taken,” Ihlenfeld wrote.

The county NAACP asked Ihlenfeld in March to investigate the death of Wayne Arnold Jones, 50, of Stephens City, Virginia. An autopsy found that Jones was shot 23 times on March 13, 2013.

Police have said Jones, who was black, drew a knife after the officers stopped him as he was walking on a street. One officer was stabbed during a scuffle.

Following Tuesday’s council meeting, Smith told The Journal (https://bit.ly/1II4Art ) that he was “not real satisfied” with Ihlenfeld’s response. The county NAACP had requested an investigation of the Martinsburg Police Department.

“If there isn’t an investigation, we’ll probably write another letter to follow up, and we’ll press for an appointment with President Obama,” Smith said. “We expect to hear from the president - at least acknowledgment of our letter. If we get the right pressure applied, justice will be done.”

A Berkeley County grand jury declined in October 2013 to indict the five officers involved in the shooting. A year later, U.S. District Judge Gina Groh dismissed a $200 million lawsuit filed by Jones’ family against the officers and the city that alleged police used unreasonable and excessive force. Groh’s order said the use of deadly force was reasonable and justified.

The family has appealed Groh’s ruling to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.

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