Updated 11:54am

By Kathryn Reed

A grand jury has decided there is not enough evidence to indict a South Lake Tahoe police officer who fatally shot an unarmed man in June 2015.

With that decision, it means the civil suit can proceed.

“I am confident we will prevail,” attorney Dale Galipo, who is representing the victim’s mother, told Lake Tahoe News. “In a civil case the only thing a family can seek is monetary compensation. But what is even more important than money is some accountability and responsibility on behalf of the officer and department, and they don’t want to see it happen to someone else’s child.”

Josh Klinge

Kris Jackson

On June 15, 2015, Officer Josh Klinge killed 22-year-old Kris Jackson of Sacramento. Klinge said he thought Jackson had a gun when he fired the single bullet into the suspect’s chest as he was escaping through a window at the Tahoe Hacienda Motel on Lake Tahoe Boulevard.

Klinge had been on paid administrative for about a year. This was at taxpayers’ expense. The department is not able to fill his position until it is determined what his future status will be. The 37-year-old had 10 years of experience before joining the South Lake Tahoe department in January 2015.

“He is not working currently. Beyond that I’m not really able to explain or give you more details. We will wait for all the legal processes to be resolved,” Police Chief Brian Uhler told Lake Tahoe News.

Jackson was on criminal probation at the time of the shooting. On June 1, 2015, he had been arrested by South Lake Tahoe police officers for allegedly possessing several baggies of cocaine, scales and packaging materials. On May 21, 2015, he had been arrested by local officers on a Sacramento failure to appear warrant related to a drug possession charge.

The civil suit was filed in federal court in Sacramento in early 2016. It had been stayed while the grand jury process was going on.

El Dorado County used a court ruling from this year to convene a grand jury in this case with the possibility of charging Klinge with the unlawful use of deadly force.

El Dorado County District Attorney Vern Pierson chose not to comment.

One of the problems with grand juries is oftentimes the documents are sealed, as is the case with this officer-involved shooting. No one knows who was interviewed, what was said or if there might have been even the appearance of favoritism toward one party or another based on evidence, witnesses and the line of questioning.

Galipo is trying to get the grand jury record unsealed, and is hoping it will be made public and not just for his eyes.

Jackson’s father, Patrick Jackson, is represented by attorney Michael Haddad. The two attorneys are working together.

And while Galipo generally finds police officers do a good job, he said they need to be held accountable when they cross the line.

“Who is going to police the police?” Galipo asked.

Depending on how the civil case goes, Galipo said there is the possibility Klinge could face federal criminal charges.