A Pima County Superior Court judge has dismissed the case against the former Tucson police officer who shot and killed a man in a mobility scooter, officially clearing him of the manslaughter charge.

According to a statement from Pima County Attorney Laura Conover, prosecutor Chris Ward informed the judge on Tuesday of their intent to dismiss the manslaughter charge without prejudice based on the second grand jury’s decision to not indict Remington. Since the case was dismissed without prejudice, it means it can be brought back at a future date.

β€œOur office is giving this case all the thought and consideration we give to any homicide case as we continue to review our legal options following the recent grand jury verdict,” Conover said. β€œOur goal, as always, is justice for the victims, and in this instance that is primarily Mr. Richards’ sister and her needs. We are prohibited by law from discussing any legal strategy and will address next steps with the court.”

Last week, the second grand jury returned a no bill vote regarding Remington’s case after a judge ordered the indictment to be returned to a grand jury. Remington’s attorneys, Mike Storie and Natasha Wrae, had challenged the indictment over misleading statements in a report that was read to the grand jury that previously indicted Remington on one charge of manslaughter.

β€œWe’re thrilled with the dismissal, but we also fully expected this result from the beginning,” Storie and Wrae said in a statement.

As for next steps, Storie and Wrae said Remington wants to return to the Tucson Police Department. If he isn’t voluntarily reinstated, Storie and Wrae said they will appeal it through the Civil Service Commission.

Remington was fired from TPD following a fatal shooting that happened a southside Lowe’s.

In November 2021, Remington was working off-duty security at a Walmart when he confronted Richard Lee Richards, 61, about a stolen toolbox and threatening a store employee with a knife.

Richards, who was using a motorized scooter, headed to a nearby Lowe’s while Remington and another officer followed him, demanding him to stop. As Richards approached the garden section, Remington fired his gun and fatally struck Richards.

Remington still faces a civil rights lawsuit that was filed against him and the city of Tucson by Richards’ family.

The Rillito River running at a good clip at Craycroft Road in Tucson thanks to runoff from a winter storm that broke a one-day record for precipitation on Jan. 16, 2023. Video by Rick Wiley / Arizona Daily Star


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Jamie Donnelly covers breaking news for the Arizona Daily Star. Contact her via e-mail at jdonnelly@tucson.com