Marana cop in car video won't face charges

The Marana police officer who used his patrol car to strike an armed suspect in February lacked “criminal intent,” the Pima County Attorney’s Office said.

In a letter declining to prosecute Officer Michael Rapiejko, Chief Criminal Deputy Kellie Johnson wrote that “given all of the circumstances of this case, there is insufficient evidence to prove that Officer Rapiejko had the requisite criminal intent for aggravated assault when he struck Mr. Valencia.”

On Feb. 19, Marana police responded to a Walmart store at 8280 N. Cortaro Road, where a man, later identified by police as Mario Miranda Valencia, 36, had allegedly stolen a rifle.

He was wanted in connection with numerous other crimes across the Tucson area, including car theft, starting a fire at a church, armed robbery and home invasion.

Police pursued Valencia, who took the loaded rifle and began walking toward area businesses, which police said were crowded with hundreds of employees. While walking, he threatened to shoot himself and fired a shot into the air.

Rapiejko’s patrol car was seen on police dash camera videos, which were released by Marana police Tuesday, speeding past another police car and striking Valencia, whose body flipped in the air.

Valencia was taken to a hospital, where he was treated for two days. Upon release, he was booked into the Pima County jail on several felony charges.

“Officer Rapiejko determined that Mr. Valencia would be able to fire the gun quickly at the businesses and therefore decided he needed to stop Mr. Valencia from proceeding any further,” Johnson, the chief criminal deputy, said in the letter.

State law also allows police officers to use “deadly physical force against another to effect an arrest who the officer reasonably believes has committed a felony involving the use of a deadly weapon,” she said. The state would not be able to prove that his actions were unjustified.

Marana Police Chief Terry Rozema defended Rapiejko’s use of his vehicle as a deadly weapon, saying Valencia had to be neutralized, and the officer seized an opportunity to do so, though law enforcement experts found the tactic to be unconventional and risky.

“It’s certainly shocking,” Rozema said in an interview Wednesday. “It’s surprising. It’s sensational in the bad sense of the word. It’s all of those things. But I believe it was necessary.”

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Marana police said Rapiejko has no history of discipline or use-of-force complaints while with the department.

However, in 2005, Rapiejko, then serving with New York Police Department, was accused of using excessive force, resulting in a $20,000 settlement for a man who said the officer pointed a gun at him and choked him, according to The Associated Press.

On Oct. 6, 2005, Luis Colon was driving with his wife and four children in Manhattan when he parked his car and got out. It’s unclear from records whether Colon had been pulled over or whether he stopped on his own. Colon’s attorney has not returned a request by The Associated Press for comment.

Colon said Rapiejko pointed a gun at him, ordered him to get back in the car and threatened to shoot him. He later pulled Colon out of the car, handcuffed him and choked him, the complaint states.

Colon was arrested and charged with obstructing governmental administration, disorderly conduct and resisting. All charges were eventually dropped. Colon sued Rapiejko in May 2008, and in December, the city settled with Colon for $20,000.

The lawsuit was filed about two years after Rapiejko had stopped working for the NYPD, said Sgt. Chris Warren, a Marana police spokesman. The incident was reviewed by the NYPD internal affairs unit, which found there was not enough evidence to merit further investigation.

Rapiejko was cleared by a civilian review board, he said. New York City settled the case for $20,000 because the cost of fighting in court would have cost more.

There will be no action from Marana police, Warren said. The department knew about the lawsuit and its settlement before Rapiejko was hired during a background check, and it did not prevent the department from hiring him.

“He’s been an outstanding police officer with us,” Warren said.

Rapiejko worked for the Tucson Police Department before joining the Marana force early last year.