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Man shot by MPD officers wants U.S. Attorney to investigate

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MILWAUKEE -- The unarmed man shot by two Milwaukee Police Officers in August of 2017 wants federal investigators to examine his case. 

Jerry Smith Jr., now 20-years old, said he's been unable to work since the shooting, and walks with a cane due to leg pain. 

Officers Adam Stahl and Melvin Finkley shot Smith Jr. three times after chasing him onto a roof near 29th & Wisconsin. 

According to police, witnesses involved in a prior altercation with Smith Jr. told officers he could be armed. 

Police body camera video that captured the shooting does not show Smith Jr. in possession of a weapon. 

"I never wanted to go through this, I didn't ask for any of this," Smith Jr. said in a news conference outside of the federal courthouse Downtown on Thursday. "They could've killed me that day." 

Over the summer, the Milwaukee County DA cleared both officers of wrongdoing in connection with the shooting. 

In a letter written to MPD Chief Alfonso Morales by the District Attorney's Office in June, 2018, authorities said the use of force was legally privileged. 

"Given the information they had received over the squad radio, Officers Finkley and Stahl reasonably believed that the subject of the foot pursuit was armed," the letter reads in part. 

According to the letter, "in a statement, Officer Finkley indicates that he perceived that Mr. Smith was reaching for a weapon concealed behind the air-conditioning unit," and fired his weapon. 

The letter continues, "Officer Stahl heard the first shot fired by Officer Finkley but perceived it as the subject firing," so he fired his weapon also. 

Smith Jr. maintained Thursday that he was not armed and never attempted to conceal himself or any type of object behind the air conditioner. 

Milwaukee Police said in a statement: "The Milwaukee Police Department takes all officer-involved shootings seriously. This incident was reviewed by the Department’s Internal Affairs Division and upon completion of the investigation, no discipline was rendered to the officers involved." 

Daniel Storm, a private investigator working for Smith Jr.'s attorney, said he's frustrated MPD investigated a shooting that involved its own officers. 

He thinks federal prosecutors should review the case to provide greater accountability. 

"We need independent eyes on this," Storm said.