The Marana police officer who struck an armed suspect with his patrol car in February was found by a board of inquiry to have been justified in his use of deadly force.
In the report released Wednesday, the board stated it found the βnon-typical force optionβ used by Officer Michael Rapiejko was reasonable.
βOfficer Rapiejko made the decision not to shoot the suspect based on the firearms available to him, the scene behind the suspect and the rapidly evolving nature of this situation,β the report states.
The board noted that Rapiejko didnβt communicate his actions to the other officers on the scene, and said that if thereβs time, intended use of force should be conveyed prior to the action.
The findings also pointed out that Rapiejko violated general orders when he used profanity against two Walmart security employees before hitting the suspect with his vehicle.
βThere is no question in my mind that the force he used was justified, necessary and appropriate given all the circumstances and facts surrounding this incident,β Marana Police Chief Terry Rozema said. βI personally believe that his quick thinking and decisive actions likely saved lives.β
In February, Marana police responded to a northwest Walmart store, where a man, later identified by police as Mario Miranda Valencia, 36, had allegedly stolen a rifle.
The suspect was wanted in connection with multiple other crimes throughout the Tucson area, including car theft, starting a fire at a church, armed robbery and home invasion.
Valencia took the loaded rifle and began walking toward area businesses, threatening to shoot himself and firing a shot into the air as police pursued him.
Rapiejkoβs patrol car was seen on police dash camera videos released by Marana police speeding past another police car and striking Valencia, whose body flew into 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 multiple felony charges.
Although the inquiry report praised Rapiejkoβs actions in quickly controlling the potentially deadly situation, the officer who was leading the pursuit was mentioned for his lack of initiative.
Officer Daniel Rowan βdid not develop a strong plan of action to address the deadly threat posed by the suspect,β the report states, although it acknowledged that less than two minutes elapsed from the beginning of his pursuit to when Rapiejko hit the suspect with his car.
In April, the Pima County Attorneyβs Office declined to prosecute Rapiejko, saying there was insufficient evidence to prove he had the criminal intent for aggravated assault when he struck Valencia.
The board of inquiry made several recommendations for additional training of officers involved in critical incidents, including supervisors and dispatchers.
Rapiejko will soon be leaving the department to attend law school, which he applied for last summer β prior to the incident β officials said.
