Mississippi Cop Resigns Days After Being Cleared in Fatal Shooting of 1-Year-Old Kohen Wiley

The Mississippi police officer who shot and killed 1-year-old Kohen Wiley during a confrontation over an alleged diaper theft at Walmart has resigned, just days after the state's attorney general ruled that his use of deadly force was justified.

Senatobia Mayor Greg Graves confirmed to CBS News on Friday, October 23, that Officer Hunter Foster had stepped down from the police department. His departure comes four months after he fired into a vehicle carrying the toddler, killing him and wounding another woman. Now, with body-camera footage of the shooting publicly available, the child's family is demanding a federal investigation.

Civil rights attorney Ben Crump, who represents Kohen's family, made clear that Foster's resignation isn't enough.

"Accountability can't end here. Body camera footage shows how quickly this escalated over an alleged shoplifting call," Crump wrote on social media, calling on the Department of Justice to investigate.

The footage, released after Mississippi Attorney General Lynn Fitch cleared Foster on Monday, October 19, shows officers and Tate County sheriff's deputies approaching a vehicle in the Walmart parking lot with their weapons drawn.

The car backs into another parked vehicle, then moves forward. As it approaches Foster, he moves out of its path, places one hand on the hood, and fires his weapon. The front passenger window shatters before the vehicle speeds away.

Inside sat Kohen with his mother, Vellesiya Wiley.

The confrontation began after Walmart employees reported a suspected shoplifting incident involving a pack of diapers. Wiley previously said an employee stopped her friend, who had purchased diapers at self-checkout, as they left the store.

According to Wiley, she was sitting in the passenger seat while her friend drove. When officers approached, she attempted to show them that a baby was inside the vehicle.

"So she was backing up, and she hit a car as I was opening the door, so the door flew back in," Wiley recalled. "By the time I sat my baby down, it was like three to four shots."

One bullet struck Kohen in the ribcage. The driver, identified in earlier reporting as Latoya Ferrell, was wounded in her arm and thigh. They drove to a hospital, where Kohen was pronounced dead.

Foster's attorney, Martin Zummach, has defended the shooting, arguing that the officer faced an immediate threat from the moving vehicle. In a statement, Zummach accused the driver of attempting to kill officers.

"Hunter Foster had no choice but to discharge his weapon. We are very sad for the loss of life," Zummach said.

Neither woman has been charged with a crime.

However, that could change. District Attorney Jay Hale said prosecutors will review the case now that the attorney general has made its determination and decide whether to present evidence to a grand jury.

"Once we are able to fully discuss this case with the investigating agency, we will make a decision as to any future grand jury presentations," Hale said.

The resignation marks another major development in a case that has already rocked Senatobia.

In July, Mississippi Today reported that Foster had previously faced allegations of police misconduct and had been accused of making a racially offensive remark to a coworker shortly before Kohen's death. One previous misconduct case was dismissed, while another ended in a confidential settlement.

The department faced further scrutiny in September when Police Chief Harold Vanderford was fired following reports exposing racist text messages in which he repeatedly used racial slurs.

Kohen's killing also sparked protests throughout Senatobia, with demonstrators demanding accountability outside City Hall and the Walmart where he was shot. Police deployed tear gas during one of the demonstrations.