PASCO, Wash. - Three police officers in Washington state who fatally shot a rock-throwing Mexican immigrant in February will not face criminal charges, a prosecutor announced Wednesday, saying there was no evidence the officers acted with malice.
The death of Antonio Zambrano-Montes, 35, was captured on cellphone video and sparked months of protests in Pasco, an agricultural center in eastern Washington. Witnesses said Zambrano-Montes fought with an officer, threw rocks and told officers to shoot him before they opened fire.
At a news conference repeatedly interrupted by protesters Wednesday, Franklin County Prosecutor Shawn Sant said the evidence showed the officers used legal force as they tried to arrest a man who had assaulted them and was threatening to attack them further. Sant said he could not meet the high bar for criminal prosecution under Washington state law, which requires a showing that the officers acted with malice and without good faith that their actions were justified.
"The officers used legal force to prevent injuries to themselves and others," the prosecutor said. "Certainly there is no evidence of malice."
Gov. Jay Inslee immediately asked Attorney General Bob Ferguson to review the charging decision, saying he believes it important for people to have faith in it.
George Trejo Jr., a lawyer for Zambrano-Montes' wife and children, said in an email that he is disappointed.
"His claim that there is insufficient evidence to establish any crime beyond a reasonable doubt is a pretext for his decision to protect law enforcement from the very beginning of this case," Trejo wrote. "We are not surprised by this decision but disgusted and disappointed. This is precisely the reason why we continually asked for an independent criminal investigation."
One of the officers, Ryan Flanagan, has resigned to take another job in a move his lawyer said was unrelated to the shooting. The other two, Adam Wright and Adrian Alaniz, remain on paid leave.
The officers fired a total of 17 shots, striking Zambrano-Montes seven times.
An autopsy determined Zambrano-Montes was high on methamphetamine.
Cellphone video showed the three officers chasing the orchard worker from Mexico, who was in the country illegally. Zambrano-Montes was shot as he turned toward the officers.
Police and witnesses said Zambrano-Montes was holding a large rock and drew back his arm as if he was going to throw it when police officers opened fire and killed him, according to previously released court documents.
Wright has said he decided to shoot because he feared officers or members of the public would be injured or killed by the rock.
Police interviews with relatives of Zambrano-Montes portrayed him as a troubled man who suffered from depression and drug abuse, had made several suicide attempts and had run-ins with Pasco police in recent years.