Returned soldier killed by police in Delaware

Sgt. Derek Hale, returned from two tours of duty in Iraq, was in Wilmington, Delaware for a "Toys for Tots" campaign in November of last year sponsored by the Pagan Motorcycle Club, which he had recently joined. He was house-sitting for a friend, sitting on the steps outside the house, when the friend's ex-wife showed up with her two kids. An unmarked police car and black SUV also showed up, and Hale, clad in a hooded sweatshirt and jeans, was told to take his hands out of his pockets. He was tasered less than a second later, which dropped him to the ground, with his right hand out of the pocket and spasming involuntarily. He was again asked to remove his hands from his pockets, and tasered again, causing him to roll onto his side and vomit. Howard Mixon, a contractor working nearby, shouted that this was "overkill," to which a black-clad officer responded, "I'll f*****g show you overkill!"

Lt. William Brown of the Wilmington Police Department proceeded to do just that--as Hale was being tasered a third time, and attempting unsuccessfully to extricate his left hand from his pocket as his body convulsed from the tasering, Brown shot Hale three times in the chest, killing him.

There were no drugs found, nor any evidence of a crime. There was no warrant for Hale's arrest--he was a "person of interest" in a drug investigation of his motorcycle club.

Wilmington police claim that Hale was killed because Lt. Brown "feared for the safety of his fellow officers and believed that the suspect was in a position to pose an imminent threat." Police say they recovered pepper spray and a switchblade from Hale's body, though Hale's stepbrother says he never carried a knife other than a Swiss Army knife.

Several Wilmington police falsely claimed that Hale had been charged with drug trafficking two days before he was killed, which was used by Virginia police to obtain a warrant to search Hale's home in Manassas, which found nothing incriminating.

Derek Hale's widow and parents have now filed a lawsuit against several Delaware police officers, with the support of the Rutherford Institute and a private lawfirm.

If the above details are accurate, why isn't Lt. William Brown on trial for murder?

(Details from Pro Libertate by way of The Agitator, the latter of which seems to have multiple stories like this every week. The comments of the former include some observations that the Pagan Motorcycle Club is heavily involved in criminal activity, which should be taken into consideration but still wouldn't justify a killing in cold blood.)