The Department of Justice says their investigation of Officer Lee Cooper is closed.
Cooper says he opened fire when Christopher Villarreal tried to ram his car backward into the officer's motorcycle.
Some witnesses said the car looked like it was rolling slowly.
Action News spoke with the attorney representing the family of Christopher Villarreal to get the families reaction.
"Not surprised, we've known this was likely to happen. The FBI has kept us involved and we've given them information and we've shared info back and forth, the US Attorney has a much higher standard and higher burden of proof," Attorney Dennis Hanson said.
The Villarreal family attorney told Action News they plan to file a wrongful death civil lawsuit in October against the City of Kennewick.