A police board has determined that two officers who shot a drunken man outside his home when he threatened them with a gun were justified in their actions.
A report from the board reveals Officer Jeff Stover used his personal shotgun, which had been approved by the Tucson Police Department for professional use, when he shot and killed Miguel Angel Kovrig, 40, in the 700 block of West Harlan Street on Sept. 29.
The Pima County Attorney's Office has declined to file charges against Stover and another officer, Jim Johnston, who shot at Kovrig but missed, according to the board's report, released Thursday.
In the early morning the day of the shooting, Kovrig's daughter called police to report he was drunk and had hit her mother. Kovrig's wife told police he'd left the home. A short time later, a neighbor reported Kovrig had returned and was yelling that he was going to kill his wife and had a gun, according to police. At least seven officers and a sergeant went to the house then.
Officers later told the board they believed Kovrig was a threat to his family. Another officer at the scene, Andrew Birtcil, told the board he "felt it was imperative that he (Kovrig) not be allowed to go back into the house as he may carry out his threat to shoot his wife," according to the board's report.
For at least 10 seconds, the officers repeatedly ordered Kovrig, in English and in Spanish, to drop the gun. When he moved the hand that was holding the gun, Stover and Johnston fired, the report shows. Stover's shot hit Kovrig in the chest, fatally wounding him.
After the shooting, at least one officer heard the family crying that the gun was unloaded, according to the report.
The two officers believed Kovrig was bringing the gun down to point it at the officers, and that their lives were in danger, according to the report. Another officer who was close to Kovrig did not fire because he thought Kovrig was dropping the gun, according to the report.
Kovrig's blood-alcohol level was three times the DUI level, a toxicology report later showed.
The board examined Stover's use of a personally owned shotgun and found he didn't violate any rules but recommended the department formalize approval procedures for carrying personal weapons.
In February, Stover was involved in another shooting that was found to be justified when he killed DeAngelo Cazares Rivera, 25.
Stover was fired in 1996 after a grand jury indicted him on felony aggravated assault charges in a case in which he'd kicked and punched a restrained man during an arrest after a high-speed chase. Stover pleaded not guilty and the criminal case was dismissed. He won back his job on appeal.
