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1 officer in Ohio Wal-Mart shooting still on leave, was involved in 2010 fatal shooting

In this photo taken on Monday, Aug. 5, 2014, members of the Ohio Student Association gathered outside Ohio Attorney General Mike DeWine's office in Columbus, Ohio, to call for the release of in-store video in the fatal police shooting of a man at a Dayton-area Wal-Mart. Organizers tell the Dayton Daily News they want to see what happened on Aug. 5 when 21-year-old John Crawford III was fatally shot by police. Officers say he refused to drop an air rifle inside a Wal-Mart store in Beavercreek. (AP Photo/The Dayton Daily News, Jim Otte) LOCAL PRINT OUT; LOCAL TELEVISION OUT; WKEF-TV OUT; WRGT-TV OUT; WDTN-TV OUT

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In this photo taken on Monday, Aug. 5, 2014, members of the Ohio Student Association gathered outside Ohio Attorney General Mike DeWine's office in Columbus, Ohio, to call for the release of in-store video in the fatal police shooting of a man at a Dayton-area Wal-Mart. Organizers tell the Dayton Daily News they want to see what happened on Aug. 5 when 21-year-old John Crawford III was fatally shot by police. Officers say he refused to drop an air rifle inside a Wal-Mart store in Beavercreek. (AP Photo/The Dayton Daily News, Jim Otte) LOCAL PRINT OUT; LOCAL TELEVISION OUT; WKEF-TV OUT; WRGT-TV OUT; WDTN-TV OUT

CINCINNATI - A police officer placed on leave after the fatal shooting of a man at a Wal-Mart store also was involved in a 2010 fatal shooting in which he was not indicted after evidence showed he acted in self-defence, authorities confirmed Thursday.

Authorities have not said which of the two responding officers in the Wal-Mart shooting in the Dayton suburb of Beavercreek fired the shot that killed John Crawford III on Aug. 5. Beavercreek city attorney Stephen McHugh confirmed in email Thursday that Officer Sean Williams remained on administrative leave and Sgt. David Darkow was back on the job.

A Greene County grand jury in 2010 did not return an indictment against Williams in the fatal shooting of an intoxicated man authorities said attacked Williams and another officer when they responded to multiple calls about a violent domestic dispute. Prosecutor Stephen Haller said at the time that the grand jury's decision was consistent with evidence that showed Williams was acting in self-defence in the June 2010 shooting of Scott Brogli.

A release issued by Haller in 2010 said Brogli charged at Williams and another officer with an 8-inch kitchen knife and kept moving toward them after they warned him to stop.

Attorney General Mike DeWine has said a special county grand jury will convene Sept. 3 to determine whether criminal charges should be filed in the Wal-Mart shooting.

Williams and Darkow aren't commenting, McHugh said by email Thursday. No home phone listings could be found for the officers.

Beavercreek police said Crawford, 21, was shot after he waved an air rifle at customers and refused officers' orders to drop it. Attorney Michael Wright, who is representing Crawford's family, said this week that surveillance video of the shooting shows it was unjustified.

DeWine showed footage of the shooting to Crawford's relatives and their attorney, but he said the video would not immediately be released to the public. He declined to discuss details of the video.

Wright said in statement Thursday that it was "astonishing" that Darkow was back on the job.

"Apparently Beavercreek concluded its investigation," Wright said. "Otherwise, Officer Darkow would still be on leave."

He said the family is calling on the police department to release the results of its investigation.

Shortly after the shooting, Beavercreek police asked the Bureau of Criminal Investigation to investigate. A message seeking comment from the bureau was left at its offices Thursday.

Wal-Mart Stores Inc., based in Bentonville, Arkansas, has provided material to law enforcement officials for their investigation.

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