Whitman County Prosecutor Denis Tracy provided the Daily News on Tuesday footage of an Aug. 24 incident at Domino's Pizza in Pullman that involved Washington State University football player Shalom Luani.
The footage shows an altercation between Luani and several other men in the restaurant.
Tracy said on Monday that Luani would not be charged with assault, as recommended by the Pullman Police Department.
Tracy said there was not enough evidence to show Luani, 22, wasn't defending himself outside of the store.
Police alleged Luani broke Kyle Medina's nose outside of the Domino's at about 1:30 a.m. Inside, witnesses told police Luani had grown upset and frustrated his order was taking too long.
Tracy's decision comes after the Pullman Police Department spent several weeks investigating the assault and recommended second-degree assault charges be filed against Luani.
In a letter to Medina, Median's attorney and local media Monday, Tracy wrote, "No reasonable jury could conclude beyond a reasonable doubt that Mr. Luani was not acting in self-defense."
"The reports and video show that there was some pushing and pulling back and forth inside the pizza place, with the physical contact between Mr. Medina and Mr. Luani being started by Mr. Medina," Tracy wrote. "It concluded with Mr. Luani pushing Mr. Medina in the face, while Mr. Medina pulls his head back, and while Mr. Luani is walking away. Although there does appear to be some contact in that push, Mr. Medina is not injured in any way."
Tracy told the Daily News that in the video Medina and Luani's first contact was when Medina grabbed Luani as he was making his way through the crowded lobby to exit, then Medina was pushed by Luani, and Medina and at least three others followed Luani outside to confront him.
While the beginning of the incident was captured on camera inside of Domino's, the last bit of the incident was not, as Luani and those following him left the pizza place, Tracy told the Daily News.
He said evidence outside of Domino's was collected mostly through witness interviews.
"According to witness statements, Mr. Medina 'came after' Mr. Luani, in order to 'retaliate' for being pushed," Tracy wrote. "There were at least four young men, including Mr. Medina, that were confronting Mr. Luani, and more than one of them were being 'aggressive' in their words."
Tracy wrote a physical altercation ensued, where Medina was punched in the face and suffered a broken nose. Luani was punched multiple times and according to witnesses, "was pushed to the ground, and possibly had his head pushed into a parked car."
According to the letter, Luani suffered a concussion and cuts to his face and head.
"Given all of that, in my opinion no reasonable jury could conclude beyond a reasonable doubt that the punch to Mr. Medina's nose was not in self defense," Tracy wrote. "Since I cannot prove that Mr. Luani was not acting in self defense, I cannot prove he committed a criminal assault."
While Tracy said he's unable to prove any felony crime against either of those parties involved, he said there is enough evidence for a jury to find Luani assaulted Medina by pushing him in the face. And there is evidence supporting Medina assaulted Luani by grabbing him. Neither have sought to file charges against each other.
"My suspicion is both of them realize what happened inside the pizza parlor, and they didn't think that ought to amount to criminal conduct," Tracy said.
