Charges dropped in case where officer used Taser on councilman

- He believed the black and white body camera footage made the case black and white as well. Prairie View Police Department Officer Michael Kelley using a Taser on Jonathan Miller who was standing in his own front yard and not a suspect in any crime.

"It was stunning," says Miller.

Now even more stunning to him is charges of official oppression against the officer have been dropped.

"I honestly have no idea," adds Miller. "It doesn't make sense to me. I look at the video and I ask people, 'Do you think I did anything wrong?' The majority of people, most people, 100 percent of the people that I've asked said I've done nothing wrong."

Others say what was wrong is he is black and Officer Kelley is white.

"This is a racist rat lab that America determines just how far police officers can go, and just how selective prosecutions can do," says Miller's friend Dwayne Charleston. "It's a racist s---hole. That's what it is. DA Elton Mathis is leading the charge."

While the group blames the Waller County District Attorney, a special prosecutor from Fort Bend County handled the case. In the dismissal documents, Assistant District Attorney Matthew Banister checked the box "the evidence is insufficient" and noted "elements can't be proven without a reasonable doubt." On another handwritten note, it says "interest of justice and witness reliability (Brady)."

Miller says what is unreliable is the justice system.

"So, who is wrong in this situation?," asks Miller. "Who do you hold accountable? That's my question. Until that's answered, I will not be silent."

FOX 26 News contacted Banister for some clarification but he is out of the office and is scheduled to return on Friday.

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