The police officer who shot Jacob Blake in Kenosha, Wisconsin back in August won’t face charges. The announcement came Tuesday from Kenosha County District Attorney Michael Graveley. The Milwaukee Journal Sentinel writes:

The officer who fired, Rusten Sheskey, could successfully argue self-defense before a jury, Graveley said during a Tuesday news conference. His decision was based on evidence that could not be seen on cellphone video of the incident, which showed Sheskey shooting Blake, 29, as he got into a vehicle with his children inside.

At the time of the incident witnesses at the scene said Blake was trying to break up a fight between two women when police arrived. A video showed Blake trying to enter his car when police open fire on him. The shooting left him paralyzed.

One of Blake’s attorneys, Ben Crump released a statement saying, “We are immensely disappointed and feel this decision failed not only Jacob and his family but the community that protested and demanded justice.”

Protests are expected.