The sheriffโs deputy shown in a video tackling a 15-year-old quadruple amputee during an arrest at a group home in 2019 will not face criminal charges, the Pima County Attorneyโs Office said in a letter.
The office released the letter Tuesday that it sent to the Pima County Sheriffโs Department saying it would not file criminal charges against Deputy Manuel Van Santen, who in September used physical force while arresting two teenage boys at a group home.
In the letter, the county attorneyโs office said the question of whether Van Santenโs use of force was necessary to prevent the teen, Immanuel Oloya, from leaving the kitchen and threatening an employee โcannot be answered definitively.โ
โIn order to pursue criminal charges, the state must have not just probable cause, but a reasonable likelihood of proving to a jury beyond a reasonable doubt that the physical force used was not immediately necessary to prevent (Immanuel) from leaving the kitchen and again threatening the employee,โ according to the letter, which was signed by Nicol R. Green, chief trial counsel for the office.
A video showing part of the incident went viral after it was released in November. Van Santen was placed on administrative leave by the Sheriffโs Department while the incident was investigated.
The video begins in the middle of the incident, with Immanuel, the amputee, screaming at Van Santen to let him go as heโs being pinned down on the kitchen floor by the deputy. The struggle leads to the teen being pushed against a refrigerator.
Later in the video, after Van Santen stops holding Immanuel down and the teen sits up, Van Santen is seen bending over toward him and yelling, โIโm telling you to stop moving and you still moved, so shut the hell up.โ
โIโll raise my voice at you whenever I (expletive) want. Do you understand?โ the deputy says.
Prosecutors reviewed the video, the 911 call, police reports, photos and witness statements to decide whether to charge Van Santen with a criminal offense, according to the letter.
The incident started when an employee at the group home called 911 to report Immanuel had been yelling at her and threatening her. The employee reported that Immanuel threw a trash can then threatened to throw her, the letter said.
The county attorneyโs office also reviewed Van Santenโs use of force while he and another deputy arrested another teen for interfering with his initial arrest, the letter said.
During that arrest, Van Santen used his forearm to push the teenโs neck against the wall, the letter said.
Van Santen and Deputy Joseph Knipp, who later arrived on scene, both said the teen was resisting arrest, the letter said.
โEven assuming both deputies are accurately describing S.S.โs (the other teen) resistance, the force used to push S.S. against the wall by Deputy Van Santen may have been excessive under the circumstances,โ the letter said.
โHowever, the mere possibility that the level of force used was excessive is not a sufficient basis upon which to file criminal charges against the deputy,โ it continues.
In both arrests, the county attorneyโs office concluded there wasnโt enough evidence to meet the high burden of proof required in a jury trial.
Van Santen will remain on administrative leave while the department conducts an internal administrative investigation, which was launched Tuesday, said Sheriff Mark Napier.
Napier said he respects the county attorneyโs decision.
โWeโll still determine whether violations of department policy occurred because thatโs separate from whether or not thereโs a criminal charge,โ Napier said.
โAnd if we determine that violations of department policy did occur, then weโll make a determination as to what, if any, level of discipline would be appropriate.โ
