DETROIT (WWJ/AP) – Prosecutors say they’re declining to charge a suspected shoplifter who was struck with a baton by an off-duty police officer outside a Detroit Meijer store.

Wayne County Prosecutor Kym Worthy announced the decision Thursday in a statement, saying 23-year-old David Bivins won’t be charged with “any crime whatsoever.” The uniformed officer, who was moonlighting as a security guard at the time of the incident, was earlier placed on administrative duty.

While prosecutors are reviewing the case for possible charges against the officer, Worthy says they are seeking more information from police.

The officer was recorded on cell phone video Oct. 8 at the 8 Mile and Woodward Meijer using a baton to strike the man, whose name was released as he filed a $25 million lawsuit in the case.

[WATCH THE VIDEO HERE. **NOTE: Contains strong language/profanity] 

Detroit Police Chief James Craig has said the 65-year-old officer failed to de-escalate the confrontation. It was later found that Bivins, who suffered a broken tooth and bruised face, had a receipt and hadn’t stolen anything.

Bivins was arrested at the scene for disorderly conduct and resisting arrested, but was released.

© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.


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