MINNEAPOLIS (WCCO) — The Minnesota Bureau of Criminal Apprehension says they are no longer considering opening an investigation into the 2013 police shooting death of Terrance Franklin, and have referred the case back to the Hennepin County Attorney’s Office.

Last month, the office said it was reviewing new evidence in the incident since taking the case to a grand jury. However, in a letter sent to the Hennepin County Attorney’s Office Monday, the BCA said:

“While we recognize that your office may not have had expert analysis of this video at the time of your review, both the City of Minneapolis and the attorney representing Mr. Franklin’s family have indicated that they are willing to share their experts’ analysis with your office. Since this additional expert analysis is now available to you, and because there does not appear to be new evidence that would require additional investigation, there is no role for the BCA in this case.”

WEB EXTRA: Click here to read the BCA letter in its entirety.

Franklin, 22, was shot and killed during a confrontation with police inside a home in Uptown. At the time, Minneapolis police said he fled, broke into a home, hid in a basement during an altercation and grabbed an officer’s weapon, striking two.

The Minneapolis Police Department originally investigated its own officer-involved shooting and found no wrongdoing. In 2014, the then-police chief pushed to have the BCA investigate future cases where officers use force.

READ MORE: BCA Considers Opening Investigation Into Deadly 2013 Minneapolis Police Shooting

Minneapolis police told WCCO in October that the case “was investigated thoroughly and reviewed in great depth by legal experts. The outcome of those two investigations yielded that there was no wrong doing by the Minneapolis Police Department.”

Franklin’s family attorney Mike Padden said during a 2020 interview with WCCO that the story was “something that I did not find credible.” He went on to say that “police allege that this young man had grabbed the gun of the SWAT officer and shot two officers. We didn’t believe it.”

After a grand jury cleared the police of wrongdoing, Padden filed a wrongful death lawsuit. In February of 2020, the family settled for $795,000 with the city of Minneapolis.

“Our office received the letter from the BCA and are disappointed with their response. At this time, we are evaluating our options,” the Hennepin County Attorney’s Office said in a statement Tuesday afternoon.

On Tuesday, Padden said the BCA’s decision not to investigate Franklin’s death was “disappointing.”

“Because, as I’m I am sitting in my office, no independent agency has ever done an investigation of the killing of young Mr. Franklin,” Padden said. “We are confident however that Mr. Freeman, Mr. Ellison, and Mr. Harrington will do the right thing which is criminal charges against the MPD swat team that entered the basement.”