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Department of Justice won't seek federal prosecution in woman's death in Mexico

U.S. investigators said they found no evidence to support filing federal charges in the death of the Charlotte woman.

CHARLOTTE, N.C. — The family of Shanquella Robinson and their attorney said they are "disappointed but not deterred" Wednesday after federal officials declined to seek federal charges in the death of the Charlotte woman.

Sue-Ann Robinson, the attorney for the family who is not related to the woman who died under seemingly suspicious circumstances six months ago in Mexico, slammed delays in what she said was a "so-called investigation." She said the autopsy done in the United States was done after Shanquella Robinson's body had been embalmed. 

Sue-Ann Robinson also said the reports from the second autopsy showed brain swelling, but said the cause of death was inconclusive.

In an announcement earlier Wednesday, the U.S. Department of Justice said they met with Shanquella Robinson's family the same day to offer condolences and present the findings of the federal investigation into her death. 

In their announcement to the news media, the department said the investigation was a priority for prosecutors and the FBI, ensuring a detailed and thorough investigation was done. 

The family questions that narrative. 

"We know that we have to carve our own path to justice," Sue-Ann Robinson said. "And we've been doing that from the very beginning."

On Wednesday, Shanquella Robinson's family along with their attorney met with reporters at Little Rock African Methodist Episcopal Zion Church in Charlotte.

Referencing other investigations, such as the one into the death of George Floyd, Sue-Ann Robinson said justice may have been delayed but they plan to continue seeking it.

"We're going to continue to press on," Sue-Ann Robinson said. "We're going to continue to demand that there's a high level of diplomatic intervention in this case."

The DOJ said an autopsy on Shanquella Robinson's body was conducted in Mecklenburg County, North Carolina in coordination with her family. In the end, however, the DOJ said available evidence did not support federal prosecution.

The DOJ's decision Wednesday does not rule out the possibility of charges outside the federal level.

Read the statement from the DOJ below

On Wednesday, Sue-Ann Robinson also accused federal prosecutors of not taking Shanquella Robinson's case seriously, saying the family was bounced around by prosecutors for months. 

Sue-Ann Robinson also said she was given a full investigative packet by Mexican investigators that included what was shared with U.S. investigators.

In the end, Sue-Ann Robinson said Shanquella Robinson's family was told any criminal action is now up to Mexico and that an arrest from federal prosecutors there could happen. If any suspect in the case was now in the United States, Sue-Ann Robinson said this would demand a higher level of intervention between heads of state or international diplomats.

When White House Press Secretary Karine Jean-Pierre was asked about Shanquella Robinson in March, Jean-Pierre too explained that any such extradition or internal coordination would involve the U.S. State Department.

Thus far, no official from either country has ever publicly named a suspect. 

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Sue-Ann Robinson has promised a march on the U.S. State Department in Washington on May 19, 2023, which would be the 200th day since Shanquella Robinson's death. 

The march will be canceled if U.S. officials take action before then.

"The message cannot be that U.S. citizens can go overseas and commit crimes against other U.S. citizens, and come back and say that they're on base, that they're safe, that they're not going to be arrested, that there's going to be such a delay in the investigation that the evidence will have time to dissipate," Sue-Ann Robinson said.

Interactive timeline: See a list of events leading up to today

How Shanquella Robinson died

Shanquella Robinson traveled to Cabo San Lucas, Mexico with a group of six people for vacation in late October 2022. According to a police report, a doctor was called to assist Shanquella Robinson on Saturday, Oct. 29 around 2 p.m. 

The group of people with Shanquella Robinson told the doctor she had been excessively drinking. The doctor checked on Shanquella Robinson and insisted on taking her to the hospital, but the people she was with refused. 

Shanquella Robinson started having convulsions around 4 p.m. at which point an ambulance was finally called. Despite numerous attempts to revive her, she was pronounced dead at 5:57 p.m., according to the police report.

While this is the narrative that appears in the police report about the incident, Shanquella Robinson's death certificate says she died 15 minutes after suffering a severe spinal cord injury and a broken neck. 

Sue-Ann Robinson cited the discrepancy Wednesday about the spinal cord injury. Putting her trust in the Mexican documentation, Sue-Ann Robinson said the DOJ's autopsy found no evidence of such a spinal cord injury. 

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Her argument was echoed by attorney Ben Crump, a prominent lawyer who has represented clients including the families of both George Floyd and Trayvon Martin.

“There are U.S. and Mexican autopsy reports which show a difference in findings," Crump wrote. "These discrepancies can be credited to the delay in investigation by U.S. officials, who conducted a second autopsy once Shanquella’s body was embalmed. When an investigation is delayed, the hard evidence to support prosecution diminishes, but in this case, that is due to the U.S. not considering this case to be a high priority."

However, in a statement shared Wednesday evening, the Mecklenburg County Medical Examiner's Office said the autopsy in Mexico was a "limited examination", and that further examination by a neuropathologist found no evidence of a spinal cord injury. 

The office also said it was contacted on Nov. 16, 2022, to perform the autopsy, and did so the next day.

Timeline: Shanquella Robinson's death, investigation developments 

Read the full statement from the medical examiner's office below

Shanquella Robinson expired while on vacation in Mexico on October 29, 2022. A partial postmortem examination was performed in Mexico on October 30, 2022, and her body was returned to the United States.  Based on the limited examination performed in Mexico, her cause of death was attributed to “severe spinal cord injury with atlas luxation”. 

The Mecklenburg County Medical Examiner’s Office was contacted on November 16, 2022, to perform a complete autopsy examination to verify/ascertain the cause of her death.  A complete postmortem examination of Ms. Robinson was performed on November 17, 2022.  During this examination, the brain and spinal cord were further examined by a neuropathologist and there was no evidence of any spinal cord injury or atlas subluxation. The official autopsy report, neuropathology report and toxicology results may be obtained through the “Document Request” function using the North Carolina Office of the Chief Medical Examiner online portal.

Dr. Thomas Owens, Mecklenburg County Chief Medical Examiner, has no further comment.

Social justice

Despite the brutal circumstances surrounding her death, details of Shanquella Robinson's death are limited. 

Video from the day of her death began circulating online in mid-November. In the video, Shanquella Robinson is seen being beaten by a group of people while vacationing in Cabo. The publication of the video increased calls for social justice.

Daniel de la Rosa Anaya, Baja California Sur's attorney general, was later asked in an interview with a Mexican journalist why he did not prevent the group of people seen in the video from leaving the country. He stated that by the time investigators were identifying suspects, the group had already fled back to the United States.

Law enforcement officials near where Shanquella Robinson died did not announce until Nov. 16 they were investigating the incident as femicide, the Mexican crime related to the death of a woman.

The State Attorney General's office of Baja California Sur issued an arrest warrant for femicide in connection with Shanquella Robinson's death. While Mexican authorities said extradition procedures were started in the case, they did not publically identify the suspect or suspects.

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On Nov. 18, the FBI first confirmed they were looking into the death.

Bernard Robinson, Shanquella's father, has asked Mexican authorities to charge all six people with whom his daughter traveled to Mexico. He believes they were responsible for her death. He said the hardest part was knowing there was nothing he could do to protect his daughter in her final moments. 

"She was so full of life," he said. "I just want to know why."

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Asking the White House for support

In March, Crump and Sue-Ann Robinson shared a letter they sent to President Joe Biden and Secretary of State Antony Blinken. That letter identified a woman who traveled to Mexico with Shanquella Robinson. 

The pair of attorneys claim this woman was responsible for her death. The letter includes an 18-page packet with Shanquella Robinson's initial autopsy and unreleased documents from prosecutors and police. 

"In our letter to President Biden and Secretary Blinken, we clearly stated that one of two things needs to happen: either the U.S. extradites Shanquella's killer to Mexico or the U.S. takes jurisdiction of the case and her killer is prosecuted here," Crump said at the time. "Inaction is not acceptable in this case. Shanquella's family deserves swift justice for her death."

Since no criminal charges have been announced, WCNC Charlotte is not naming the individual whom Crump and Sue-Ann Robinson believe is responsible for Shanquella Robinson's death.

The White House publicly addressed the death of Shanquella Robinson for the first time on March 16.

"Let me just first say our hearts go out to Miss Robinson's family and friends," White House Press Secretary Karine Jean-Pierre said. "It is devastating what occurred."

Jean-Pierre shared limited insight citing ongoing efforts by the FBI, Department of Justice, and the State Department.

Next steps

Both Crump and Sue-Ann Robinson Wednesday said the U.S. is delaying justice and not correcting for what they see as previous mistakes.

"Before the video came out, there was a statement released saying 'no foul play,'" Sue-Ann Robinson recalled Wednesday. "That statement was never retracted."

Now all eyes are again on Mexico.

“While it is discouraging for the loved ones of Shanquella that their own Department of Justice will not be pursuing charges against Shanquella’s aggressor, it is our stance that justice is still possible for her death," Crump wrote Wednesday. "We hope that there is still a chance at justice in Mexico. Mexican prosecutors have issued arrest warrants in this case and are willing to pursue charges. We strongly encourage The United States to move forward with the extradition of those responsible for her death to Mexico to face accountability there.”

Sue-Ann Robinson also said a civil suit is a possibility.

Gary Mauney, a Charlotte attorney who is not affiliated with the case, said proving a case in a civil court could be easier than in a criminal court.

"In criminal court, the burden of proof is the highest in the law: beyond a reasonable doubt," Mauney said. "That means, if there is really any doubt in your mind about whether something wrong happened or not, you're supposed to rule or judge or conclude in favor of the criminal defendant."

"It's different on the civil side," Mauney added. "On the civil side, it's preponderance of the evidence, which means more likely than not... if the scales of justice tip ever so slightly in favor of liability there, then if you are on a civil jury, you are supposed to rule in favor of the plaintiff."

Depending on Robinson's situation, Mauney said the family could potentially ask for compensation like lost income and lost companionship.

"An attorney like me would ask a jury for a specific dollar amount based on the evidence that's come in at trial," Mauney said. "You'll have to place a dollar amount on all of those things, including the lost income."

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