ARIZONA NEWS

Tempe police officer who fatally shot teen won’t face criminal charges

Jan 31, 2020, 11:09 AM | Updated: 5:04 pm

Joseph Jaen...

Joseph Jaen (Tempe Police Department Photo)

(Tempe Police Department Photo)

PHOENIX – Joseph Jaen, the now-retired Tempe police officer who fatally shot a fleeing 14-year-old boy in 2019, will not face criminal charges, authorities said Friday.

Maricopa County Attorney Allister Adel said Jaen had reason to believe “he was in imminent danger” a little over a year ago when he shot shot Antonio Arce, who was running away down an alley while carrying an airsoft replica handgun he allegedly took from a truck.

“That day Officer Jaen did not see a 14-year-old boy with a replica,” Adel said. “He saw a suspect running through a neighborhood with a weapon” and made a split-second decision he thought was in the interest of public safety.

Adel said her office didn’t believe it was likely a jury would convict Jaen given the evidence and legal precedence and therefore the case didn’t reach a standard for filing charges.

The decision doesn’t affect a potential civil lawsuit by Arce’s family, Adel said. She also said it doesn’t address whether police procedure was properly followed during the incident.

“Those matters are left to civil courts and municipal administrative bodies,” she said.

Jaen had responded to a 911 call Jan. 15, 2019, about a suspicious truck parked in an alley behind a home off 48th Street between Southern Avenue and Baseline Road.

When he approached the truck, Arce exited from the vehicle’s passenger side and fled on foot while carrying the replica weapon, which had an orange tip to signify it wasn’t a real firearm.

YouTube video

Jaen gave chase and shot Arce, who didn’t comply with commands to stop, in the back.

Police initially said Jaen perceived a threat when Arce turned back, but body camera footage appeared to show that the teen never turned back and was running away when Jaen fired. Jaen and two witnesses reported seeing Arce’s finger on the trigger, Adel said.

In addition to reviewing police evidence, Adel said an independent analysis completed Dec. 31 informed the decision against pressing charges.

“Based on the facts and the evidence in this case, Officer Jaen believed he was in imminent danger. Officer Jaen believed that those in the immediate area were in imminent danger, and … Officer Jaen believed he had no other choice but to fire his weapon to protect himself and the community,” she said.

Jaen, who had been with the department for 14 years, resigned in May while the case was under review. He’s been on leave since the shooting.

In body camera video made public, Jaen was heard yelling “let me see your hands” before firing twice at the boy, who kept running down an alley and around the corner.

Unredacted body camera footage shown to the media showed that officers began performing life-saving measures on Arce until nearly seven minutes after the shooting.

The case became a local and national rallying point against police brutality, and even was mentioned by former Democratic candidate Julian Castro during a presidential debate in June.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

A U.S. Court of Appeals panel ruled in favor of Grand Canyon University in its battle for nonprofit...

Kevin Stone

GCU gets favorable court ruling in long battle with DOE over nonprofit status

Grand Canyon University's yearslong battle over its nonprofit status could be nearing an end after a panel of appeals court judges issued a favorable ruling last week.

2 hours ago

The five Maricopa County Board of Supervisors seats were up for grabs during the 2024 election....

KTAR.com

1 Maricopa County supervisor race could be headed to a recount

The contest to fill Republican Bill Gates’ seat on the powerful Maricopa County Board of Supervisors could be heading to a recount.

5 hours ago

Republican Rep. Juan Ciscomani, left, is competing with Democratic challenger Kirsten Engel for Ari...

KTAR.com

Republican Juan Ciscomani declares victory, Kirsten Engel concedes in Arizona CD6 race

Republican U.S. Rep. Juan Ciscomani declared victory Wednesday in Arizona's 6th Congressional District race after Democratic challenger Kirsten Engel conceded.

6 hours ago

Arizona congressional races...

KTAR.com

Here’s who won Arizona’s 9 congressional seats in 2024 election

All nine of the Arizona congressional races in the 2024 general election were finally settled on Wednesday.

6 hours ago

Arizona Senate, House leadership...

Kevin Stone

Republicans, Democrats select leadership teams for Arizona Senate, House

The Republican and Democratic caucuses in the Arizona Senate and House selected their leadership teams for the upcoming session.

6 hours ago

Mesa mayor election 2024 Mark Freeman...

Serena O'Sullivan

Mesa mayor-elect outlines details of water sustainability plans

The winner of the 2024 Mesa mayor election, Mark Freeman, said his extensive experience on water policy will help him in his future role.

7 hours ago

Sponsored Articles

...

Day & Night Air Conditioning, Heating and Plumbing

Why a Heating Tune-Up is Essential Before Winter

PHOENIX, AZ — With cooler weather on the horizon, making sure your heating system is prepped and ready can make all the difference in staying comfortable this winter.

...

Collins Comfort Masters

Act Now: Secure Your HVAC Equipment Before Prices Rise in 2025!

Phoenix, AZ – As the year draws to a close, Collins Comfort Masters is urging homeowners and businesses to take advantage of current pricing on HVAC equipment.

...

Bright Wealth Management

Here’s how to save money on retirement planning

PHOENIX -- With inflation still going on, people planning on retiring still face many issues on when they can retire and how much money they need to achieve it.

Tempe police officer who fatally shot teen won’t face criminal charges