Four shootings this year involving police or deputies in Tucson have been deemed justified by the Pima County Attorney’s Office, documents show.
In a fifth shooting, while not declaring the shooting justified, the County Attorney’s Office declined to file charges against the deputy involved because the state would not be able to prove his actions were not justified, according to a letter written by Kellie Johnson, chief criminal deputy, to Sheriff Chris Nanos.
Prosecutors believe a jury “would almost certainly find” the shooting “was reasonable given the circumstances,” Johnson wrote.
“A person can be incorrect in their evaluation of a situation but still be justified,” Johnson wrote about Deputy Kurt Dabb’s shooting of Kyle Montgomery.
The five shootings reviewed — one fatal — happened from January to March. Three cases involved Tucson Police Department officers and two cases pertained to Pima County sheriff’s deputies.
All police- and deputy-involved shootings are reviewed by the County Attorney’s Office to determine if the actions of the law enforcement officers were justified. Prosecutors can clear an officer of wrongdoing or pursue criminal charges.
Man threatened
to kill only himself
On Jan. 6, Deputy Dabb shot and wounded Montgomery during an attempt to take Montgomery into custody after Dabb responded to a report of a suspicious person at the Family Dollar on North Sandario Road in the Picture Rocks community.
Dabb saw Montgomery “crouched down in the middle of the thick brush” near the store and Dabb drew his firearm and ordered Montgomery to come out. Montgomery “indicated he hadn’t done anything and just wanted to kill himself,” records state.
Sgt. Martyn Rosalik drove up and parked his patrol SUV next to Dabb. Rosalik walked with his stun gun out, and indicated he could see Montgomery’s hands and he didn’t have a weapon. He told Montgomery to come out of the brush, according to documents. Montgomery continued “making threats to kill himself.”
When Rosalik was closer, he saw Montgomery’s hands move downward and when he raised his hands “he was holding a modified rifle.” “Montgomery put the gun underneath his chin and said ‘Sorry guys,’” states the report.
Meanwhile, Dabb could not see Montgomery’s hands, and heard Rosalik say “No! No!” “Don’t do it!” state documents. Dabb saw Rosalik back away and Dabb asked the sergeant if Montgomery had a gun, and Rosalik “indicated that he did.” Dabb feared that Montgomery was about to shoot Rosalik and Dabb fired at Montgomery five times, striking Montgomery in the shoulder, records state.
Johnson wrote she found that although Montgomery “was threatening to only kill himself” and not Rosalik, “a jury would almost certainly find” Dabb’s fear that Rosalik was in imminent danger of deadly harm.” She found “the state would not be able to prove Deputy Dabb’s conduct was not justified” and declined to file criminal charges against him.
Shooting after pharmacy robbery
On Jan. 12, Deputy Jay Korza shot and wounded Masoud Madhoush after responding to a report of an armed robbery at Walgreens near North Oracle and West Ina roads. When deputies arrived, they saw a man later identified as Madhoush behind the pharmacy counter with a gun in his hand, state documents.
When Madhoush ran from the store and jumped over a wall near Ina Road, Korza fired a rifle once, striking Madhoush.
Korza said he feared that if Madhoush got to Ina he “may try to carjack someone” or would endanger the public if he escaped, states the report. After the shooting, deputies discovered Madhoush was carrying a pellet gun.
It was found that Korza’s actions were justified, Johnson wrote, because he reasonably believed deadly force was necessary to make an arrest of a person who committed a felony involving a deadly weapon, or believed that the person could endanger others unless caught without delay.
Fatal shooting during standoff
On Jan. 18, Officer Brandon Jimenez fatally shot Jordan Szymanski, who as armed with an AR-15 rifle, during a standoff for several hours at a north-side complex on West Roger Road, just east of North Oracle Road.
The Oro Valley Police Department passed on information to Tucson police that Szymanski’s parents said their son “was making threats to kill them and police officers, and that he had access to weapons,” documents state.
Tucson police officers went to Szymanski’s duplex and Szymanski “refused to answer the door” and “started firing rounds.” Szymanski continued firing a rifle, and hostage negotiators were unable to persuade him to surrender, documents state. Szymanski said he would kill police and he fired more shots.
Jimenez saw Szymanski step out from a corner “with the rifle in his left hand, his hands pointing upward.”
Szymanski yelled at police to shoot him, and he lowered the rifle and Jimenez fired two shots at Szymanski.
It was found that it was reasonable for Jimenez to believe that Szymanski “posed an imminent threat of deadly physical harm” to others and officers, and that the shooting was justified, Johnson wrote in her letter to Police Chief Chris Magnus.
Knife-wielding man shot
On Feb. 13, Tucson police Officer Troy Lansdale went to do a welfare check at a house on the city’s west side near “A” Mountain. Lansdale fired his gun multiple times and wounded Owen Frank Herrera when Herrera came at Lansdale with a knife, police said.
The finding of the non-fatal shooting was that Lansdale “reasonably believed he was in imminent danger of deadly physical harm.” The shooting was determined to be justified, Johnson wrote in her letter to Magnus.
Man pulls gun on officers
On March 15, Tucson police Officers Gary Rosebeck and Mark Molina shot and wounded Carlos Alegria near a duplex in the 5600 block of East Pima Street.
Officers went to the area for a report of a man with a knife confronting construction workers. Other officers, who also responded, said they saw Alegria walking with a knife and one said he saw Alegria had a gun in his waistband.
Officers ordered Alegria to drop the knife, which he did, but then he pulled the gun from his waistband. Officers yelled to Alegria to drop the gun. Molina and Rosebeck both told a superior they fired their guns because Alegria pulled a gun on them. Alegria’s firearm turned out to be a BB gun.
The findings were that state law justifies deadly force by officers when they reasonably believe it is necessary to protect themselves or others.
“Given the evidence, it is likely that a jury would conclude that the officers’ actions were justified, and the state declined to file criminal charges, Johnson wrote.
