Pima County deputy won't be charged over tackling of quadruple amputee

The sheriff’s 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 Attorney’s Office said in a letter.

The office released the letter Tuesday that it sent to the Pima County Sheriff’s 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 attorney’s office said the question of whether Van Santen’s use of force was necessary to prevent the teen, Immanuel Oloya, from leaving the kitchen and threatening an employee “cannot be answered definitively.”

“In 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,” 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 Sheriff’s 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 he’s 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, “I’m telling you to stop moving and you still moved, so shut the hell up.”

“I’ll raise my voice at you whenever I (expletive) want. Do you understand?” 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.

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The county attorney’s office also reviewed Van Santen’s 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 teen’s 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.

“Even assuming both deputies are accurately describing S.S.’s (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,” the letter said.

“However, 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,” it continues.

In both arrests, the county attorney’s office concluded there wasn’t 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 attorney’s decision.

“We’ll still determine whether violations of department policy occurred because that’s separate from whether or not there’s a criminal charge,” Napier said.

“And if we determine that violations of department policy did occur, then we’ll make a determination as to what, if any, level of discipline would be appropriate.”