No charges for Pasco officers in migrant worker’s death
Three Pasco police officers who shot and killed migrant worker Antonio Zambrano-Montes in February will not face criminal charges, Franklin County Prosecutor Shawn Sant said Wednesday.
Sant announced the decision in a packed chamber of the Franklin County commissioners almost seven months after the shooting.
Zambrano-Montes, 35, was reportedly throwing rocks at cars in downtown Pasco when three officers fired 17 shots at him, according to investigators.
“In this case, there is no evidence that the officers did not act in good faith, and there’s no evidence of malice,” Sant said. Sant’s office has been releasing information and documents online in piecemeal fashion and said Wednesday the case was handed over to him May 28.
Sant’s statement was interrupted several times by the audience, which included community activists. The shooting sparked protests in Pasco, a city whose population is more than half Hispanic.
Gov. Jay Inslee immediately asked Attorney General Bob Ferguson to review the charging decision, saying he believes it’s important for people to have faith in it. Ferguson released a statement later Wednesday saying he would begin a review of the case “immediately.”
“I am committed to conducting a full and fair review of this matter,” Ferguson said in his statement.
Mike Ormsby, U.S. attorney for the Eastern District of Washington, issued a statement Wednesday afternoon saying his office and the FBI would continue to review the local investigation of the shooting.
“The FBI, the United States Attorney’s Office, and the Civil Rights Division will continue their independent review and analysis of the investigative materials received from the local Special Investigative Unit, review all other relevant information related to the incident, and conduct any additional investigation necessary to determine whether there exists a prosecutable violation of Federal law,” Ormsby said.
Federal prosecution in a local police shooting would not be unprecedented for the office. In June 2009, more than three years after the death of Otto Zehm, the office indicted Spokane police Officer Karl Thompson on charges he violated Zehm’s civil rights. Thompson was sentenced to four years in prison after a jury trial and is scheduled to be released in July.
George Trejo Jr., a lawyer for Zambrano-Montes’ wife and children, said in an email that he is disappointed.
“His claim that there is insufficient evidence to establish any crime beyond a reasonable doubt is a pretext for his decision to protect law enforcement from the very beginning of this case,” Trejo wrote. “We are not surprised by this decision but disgusted and disappointed. This is precisely the reason why we continually asked for an independent criminal investigation.”
Pasco police Officers Adam Wright, Adrian Alaniz and Ryan Flanagan have been identified as the officers who shot at Zambrano-Montes. All three were placed on paid leave, and Flanagan has since resigned from the department.
An autopsy determined Zambrano-Montes was high on methamphetamine, at a level even greater than seen in some patients who die, Sant said.
The shooting was captured on video and posted to YouTube. Activists have called for a federal investigation into the shooting.
A federal civil rights lawsuit was filed earlier this month by Zambrano-Montes’ widow.
In announcing his decision, Sant said he understood the concerns of the community, but Washington law treats the use of deadly force differently for police officers than private citizens.
“They don’t have the option to walk away and call 911,” Sant said. “They are 911.”