DEVILS LAKE, ND--They have lost faith in the justice system.
That's the feeling of a grieving Devils Lake family on Friday night after they learned the officer who accidentally shot and killed their son will not be prosecuted.
But they say the fight for justice is far from over.
"Now I'm grieving again, it's a vicious cycle, how can we ever get peace knowing another human took his life," said Daniel Fuller's sister, Allyson Bartlett.
During a 30 minute meeting on Friday afternoon, with the Ramsey County prosecutor, the family of 26-year-old Daniel Fuller learned the police officer who shot and killed him would not face criminal charges.
"This is a slap in the face, my son deserved better, he didn't deserve to be executed," said Daniel's dad, Terry Fuller.
The video released for the first time on Friday shows the deadly encounter back on July 5th in Devils Lake.
You can see Detective Potts pistol whipping Fuller in the head - then all of a sudden Fuller goes limp.
Potts' gun accidentally discharged at some point, shooting Fuller in the back of the head.
"I was angry and it was so quick, they can have done other things," said Allyson.
Prosecutors say the video shows Fuller lunging at officers who are trying to arrest him during a foot chase for breaking into a nearby home.
Fuller's family sees the video differently.
"It clearly shows the officer was able to manhandle him and have him under control, he was on his stomach," said Daniel's sister, Marla.
The prosecutor said after a 4 month review of the evidence by multiple independent experts, she would not bring charges, saying Detective Potts had reason to believe his life was in danger - and though police officers are not trained to use their guns as impact weapons - like pistol whipping - this case was an exception, because there were initial reports that Fuller may be armed - though that was later determined not to be true.
"I did not realize the justice system, issues death warrants," said Allyson.
While Fuller's family says they have lost faith in the justice system for now - they have asked the FBI to take another look at the case.
"We are just going to continue to fight for justice for Danny, that's all we can do," said Daniel's mom, Marla Fuller.
WDAY reached out to Detective Potts' attorney on Friday, asking to speak with Detective Potts. Potts' lawyer said he will do the talking for Potts.
"The unfortunate death of Daniel Fuller was the direct result of Mr. Fuller's decisions to commit burglary, flee from police, and then assault Detective Potts who was assisting in efforts to take Mr. Fuller into custody.... Detective Potts thanks the community for their support, and also asks the community to continue to support and console the Fuller family," said Mark Friese of Vogel Law Firm.
WDAY also spoke with Devils Lake Police Chief Joe Knowski.
"It is the position of the Devils Lake Police department to adhere to the decision of the prosecuting attorney. We do not celebrate, nor resent the decision the State's Attorney made in regards to Detective Potts. I respect her decision and am willing to adhere to it," said Knowski.
Detective Potts' Lawyer tells us Detective Potts is looking forward to getting back to work at the Devils Lake Police Department.
However, the chief says he is not sure if that will happen -he plans on meeting with city leaders after the Thanksgiving holiday to decide Detective Potts' future.