Phoenix police officer who mistakenly killed man won't be prosecuted

"Based on all of the evidence, Officer Valenzuela reasonably believed that there was an imminent danger to others and that he had no choice but to fire his weapon to protect them," Mitchell said during an April 30 news conference.

Mitchell noted that her decision didn't reflect whether Valenzuela violated department policy, nor did it protect him from civil litigation.

Prior to announcing her decision, Mitchell expressed her condolences to Christian Diaz Rendon’s family.

“I cannot imagine the terror that they went through that night,” Mitchell said. “This was an absolutely tragic and heartbreaking situation, and I just want you to know that I recognize that your husband’s, your father’s final act of protecting his family should never be forgotten and was truly heroic.”

Phoenix police had responded to calls about a shooter at a house in the area of 75th Avenue and Lower Buckeye Road in the Estrella Village community on the evening of Jan. 26.

Mitchell said she reached her decision after reviewing departmental reports, body-camera footage and 911 dispatch calls included in the investigation that the Arizona Department of Public Safety’s Major Incident Division conducted.

Factors that stood out to her included officers being told the suspect was bald and Diaz Rendon having a closely shaven head, that the suspect was reloading and shooting kids inside the house, and Diaz Rendon raising his head and appeared to look at officers before punching the suspect one more time when police shot him.

"Let me be very clear on this — that is not to blame the victim in any way whatsoever," Mitchell said. "It is important, however, in context, when we talk about the officers' perspective at the time."

Mitchell acknowledged that some people appeared to tell officers that the suspect had been subdued, with one man yelling, "they've got him on the ground over here!" and a woman screaming either "the guy is on the floor already!" or "the gun is on the floor already!"

Mitchell noted that she had to re-listen to the audio several times before she could make out what was said.

Police dispatch had also put out a radio call that the shooter was down approximately five seconds before the shooting, Mitchell added, but considered that neither Valenzuela nor his partner acknowledged the call and that the call came in amidst a lot of yelling and loud music blaring from the residence.

Jarvis Gonzalez, the victim's stepson, said the family only learned about the charges not being filed as Mitchell spoke during her news conference.

"We're hanging on," Gonzalez said, but declined to further comment. The family filed a notice of complaint shortly after the shooting death.

Valenzuela shot Christian Diaz Rendon, 36, while responding to calls about a shooter at the house near 75th Avenue and Lower Buckeye Road on Jan. 26. The officer shot Diaz Rendon moments after Diaz Rendon and another man had restrained the suspected intruder, Edgar Ledezma Garcia, 33, in the living room near the front door.

Ledezma Garcia is charged with first-degree murder, burglary, kidnapping and discharge of a firearm, all felonies, according to court documents.

Phoenix Police Chief Matt Giordano later apologized to Diaz Rendon's family for the fatal mistake.

"My heart goes out to the family and loved ones affected by the officer-involved shooting on Monday, January 26. I am deeply sorry for their loss," said in a Feb. 6 statement. "I understand that incidents like this bring pain not only to those directly impacted but to our entire community."

"Based on what we now know, I am able to share that the man who was fatally shot had disarmed the individual who had fired shots at the home and other family members. He was not the subject of the original call," the statement continued.

The chief's apology came about a week after the department publicly released a sanitized written summary of the shooting that contrasted with what Diaz Rendon's family said they witnessed.

Police body camera video showed the officer fired into the house from outside before he approached the doorway, which went against Phoenix police's initial report on Jan. 28 that said "the officer approached the open front door and reported seeing a struggle" before pulling the trigger.

Attorneys David Chami and Michael Yancey of the Scottsdale-based Consumer Justice Law Firm filed a $25 million notice of claim on behalf of Diaz Rendon's family on Feb. 12.

Chami told The Arizona Republic on Feb. 13 that the amount reflected what the family is willing to accept to resolve the matter without going to trial.

"This is not necessarily the limits of what we would pursue if we were to end up in federal court," Chami said, noting there are civil rights claims that do not require a notice or a stated amount.

The Maricopa County Attorney’s Office alleged that Ledezma Garcia was responsible for the circumstances that led to the officer fatally shooting Diaz. Mitchell said this could make him eligible for the death penalty, though the case remains under review.