The Marana police officer who used his patrol car to strike down an armed suspect in February lacked "criminal intent," the Pima County Attorney's Office said.Β
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 36-year-old Mario Miranda Valencia, had allegedly stolen a rifle.Β
He was wanted in connection with numerous other crimes in the city of Tucson, including car theft, starting a fire at a church, armed robbery and home invasion.Β
Police pursued Valencia, who took the loaded rifle and began walking toward area businesses, which police said were crowded with several hundred employees. While walking, he threatened to shoot himself and fired a shot into the air.Β
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 down Valencia, whose body flipped in the air and crashed back down.
Valencia was taken to a local hospital, where he was treated for two days. Upon release, he was booked into Pima County Jail on several felony charges.Β
"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.Β
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.Β
Marana police chief Terry Rozema defended Rapiejko's use of vehicle as a deadly weapon, saying that the suspect 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," he 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."
