Booker died shortly after the deputies Tased him and used a "sleeper hold" on him while inside the new jail's booking area. The coroner's office ruled the death a homicide.
9NEWS learned of the decision shortly before a letter from Denver District Attorney Mitch Morrissey was made public on Tuesday afternoon.
In the letter, Morrissey wrote, "the evidence shows that the application of the degree of force used by the deputies to control and handcuff Mr. Booker was justified."
Morrissey says according to the autopsy report, there is no evidence Booker was "struck, kicked or beaten in any way by the deputies." It also does not appear that the sleeper hold damaged Booker's windpipe.
Morrissey says to file charges the DA's office has to believe they can get a conviction beyond a reasonable doubt and "the facts of this case do not support the filing of criminal charges."
"He had an enlarged heart, more than almost twice the size that his heart should have been for his weight and he also had cocaine on board, all those things that none of those deputies would have known at the time. So, it was really a combination of things that led to his death, including his failure to comply and continued violent resistance," Morrissey said in an interview with 9NEWS.
The five deputies have been on paid administrative leave since the autopsy report was made public last month.
Marvin Booker's family has repeatedly criticized the handling of the case by city officials. Witnesses have said Booker was brought to the ground shortly after refusing to go into a cell. They have said he was trying to get his shoes.
The Booker family was outraged by the decision.
"Those guys are criminal, they murdered my brother," Spencer Booker, Marvin's brother, said when reached by phone on Tuesday night.
"We're talking about a little man, 5 feet 5 inches, and 135 pounds. Crushed. Crushed. He couldn't crush himself. It's a real cover-up over there. They used excessive restraint and physical force. I want Mr. DA to know - and anybody who is smoke-screening my brother's death - that they have broken the law; they have broken my brother's civil rights laws," Spencer Booker said.
Marvin Booker's family is demanding to see the videotape showing the incident, which hasn't been released to the public.
"We want to see it, and want to see what they didn't see, because apparently the DA's not seeing what everybody else saw," Spencer Booker said.
The Booker family attorney also reacted angrily after Tuesday's decision was announced.
"The deputies should be held accountable and the deputy supervisor should be held accountable. There's a culture in the city of Denver that allows this type of police brutality to occur time after time after time. We've seen it's even caught on videotape and still the city does nothing about it. In a perfect world there would be charges brought, there would be an aggressive prosecution and justice and accountability would be sought," Darold Killmer, the Booker Family Attorney, said.
"There was nothing that the sheriff's did in the course of this entire resistance that was not something that they were authorized to do when confronted with the kind of force they were confronted with in Mr. Booker," Morrissey told 9NEWS.
"The city has always circled its wagons and protected its own and that's exactly what they've done in this case too. This case screams out for justice and accountability and responsibility. The evidence in this is crystal clear and the district attorney still is protecting the law enforcement officers," Kilmer said.
In his letter, Morrissey says he has viewed videos of the incident multiple times from four separate cameras and has interviewed all the people involved.
"It is imperative that deputies maintain discipline, order and control in this area and that disruptive or violent arrestees be removed to a secure cell. Failure to do so could have very severe consequences to the safety of all. This is a secure jail facility. Arrestees are required to cooperate and comply with procedures and directions. This is not an environment in which arrestees can disregard directions and do as they please," Morrissey wrote.
"Arrestee compliance is not optional, it is mandatory," he states, and also says that sometimes use of force can result in injuries.
In the video, Morrissey says Booker is "non-compliant, hostile, profane, and violent toward the female deputy" who was trying to book him into the jail.
Morrissey says Booker cursed at her loudly, ignored her directions and walked away from her. Then he violently resisted when she tried to guide him to a secure cell away from a seating area. Morrissey says it was that behavior that led the other deputies to physically restrain him.
"In this case, even when faced with an immediate show of force, Mr. Booker chose not to comply. Instead, he chose to fight and struggle to prevent the deputies from controlling and handcuffing him. All Mr. Booker needed to do was stop his misconduct. He would have been placed in the cell and the deputies would have returned to their duties," Morrissey said.
"The death of Mr. Booker is a tragic event for all those impacted by it, which includes, among others, the family and friends of Mr. Booker who clearly loved him, the involved deputies who were attempting to fulfill the difficult responsibilities of their service as well as their families and friends, the Denver Sheriff's Department and its personnel, and the city government. Tragically, Mr. Booker's actions and choices resulted in his death. I have no doubt the two female and three male deputies involved in this incident would have preferred to have an uneventful shift at the jail. There are no winners in these situations," Morrissey wrote.
Click here to read Morrissey's full letter, complete with pictures from inside the jail.
Denver Mayor John Hickenlooper released a statement after Morrissey announced his decision.
"The city is moving forward with the sheriff department's internal affairs investigation. We remain committed to a thorough, fair and timely review of the case. The deputies involved remain on investigatory leave during the internal affairs investigation," Hickenlooper said. "We are committed to working with Mr. Booker's family and their attorneys to arrange a private viewing of the jail video. The video will be made available to the public at the conclusion of the internal affairs investigation and disciplinary process. It is not appropriate to release the video at this time because witnesses are still being interviewed as part of the internal affairs investigation."
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