The Pocatello officers who shot an intellectually disabled teenager within seconds of arriving on scene during a domestic disturbance call in April will not face criminal charges.
In a letter released Wednesday, Deputy Attorney General Jeff Nye wrote the state would not pursue charges as it could not prove beyond a reasonable doubt the officers violated the law and that their use of force was not justified.
On April 5, four Pocatello police officers responded to a 911 call reporting an intoxicated male threatening to stab others. In a video of the incident captured by a neighbor, 17-year-old Victor Perez is seen laying on the ground in his back yard holding a large knife while three adults stand nearby, out of reach trying to talk him down.
When he sees the officers arrive, he stumbles up towards them and they shout for him to drop the weapon. When he fails to comply, the officers shoot him multiple times. Three used their glock handguns and the other a beanbag shotgun.
The officers opened fire less than twenty seconds after running out of their vehicles, discharging their weapons fourteen times. The family reported Perez had autism and cerebral palsy. He was taken off life support six days after being shot. An autopsy revealed the teen suffered 12 gunshot wounds.
Under Idaho law, officers can use deadly force if they perceive that they, or someone else is in grave danger of death or bodily harm.
“Idaho law does not require a person who is defending himself or another 'to wait until her or she ascertains whether the danger is apparent or real,'” Nye reported.
“The only facts we can consider when deciding whether to criminally charge the officer are the facts known or reasonably believed by the officers at the time of the shooting,” he wrote.
The officers did not know the age of the victim or that he had disabilities, acting solely on inaccurate information forwarded to them by dispatch, which was based on the 911 caller’s observations from across the street.
Bodycam footage show the officers were separated from Perez by a four-foot tall chainlink fence when they shot him from 12 feet away. The review states the non-verbal teen most likely did not pose a threat to the officers.
"The Attorney General's Office does not make determinations about civil liability, employment discipline, or compliance with department policy,” Nye wrote in the letter.
The family of the victim has filed a civil suit against the city. The family’s attorney told East Idaho News Wednesday they were not surprised by the investigation’s results. They will amend the civil complaint based on any new information and the Attorney General’s findings.
Read the full report below.
