LOS ANGELES (CBSLA.com) — LAPD Chief Charlie Beck wants a police officer who shot and killed an unarmed homeless man in Venice to be criminally prosecuted for what’s been ruled an out-of-policy shooting.

The Los Angeles Police Commission determined that the May 5, 2015 shooting that killed 29-year-old Brendon Glenn was unjustified at its meeting Tuesday, backing a determination by Beck that LAPD Officer Clifford Proctor acted outside department policy in using lethal force.

In January, Beck announced he had recommended that Los Angeles County District Attorney Jackie Lacey file charges against Proctor, calling the shooting a “criminal act.” Glenn’s killing came amid rising national outrage over police use of force, particularly against black men.

Glenn was black, as is Proctor.

After reviewing video, witness accounts and other evidence, LAPD investigators determined Glenn was not trying to take Proctor’s gun or his partner’s weapon, according to Beck. Proctor’s partner told investigators he did not know why the officer opened fire.

In his report to the commission, Beck found there was no evidence to independently show there was a “perception that a deadly threat was present.”

Based on surveillance footage from a nearby bar, “at no time during the incident can Glenn’s hand be observed on or near any portion” of one of the officer’s holster, or that the officer was trying to push away Glenn’s hand from the holster, according to Beck’s report.

Lacey’s office has yet to make a determination on if it will file criminal charges against Proctor, according to District Attorney’s Office spokeswoman Jane Robison.

Los Angeles County prosecutors have not charged a law enforcement officer for an on-duty shooting in 15 years, regardless of the circumstances.

Mayor Eric Garcetti has urged prosecutors to review the case “with the utmost gravity.”

“No one is above the law, and whenever use-of-force crosses the line, it is our obligation to make sure that principle is upheld,” he said. “Our officers perform heroic work every day, work that often goes unheralded. But accountability is fundamental to the trust that needs to exist between our officers and the people they serve — and maintaining that trust is essential to keeping our neighborhoods safe.”

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