The protester who shot and killed a man fighting with pro-Palenstine demonstrators claimed she fired her gun in self-defense, according to a legal letter obtained by ABC15.
The woman’s defense attorney wrote the letter to prosecutors on July 22, 2024.
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“This is one of the most obvious cases of self-defense and defense of others I’ve seen in 20 years of legal practice,” wrote Stephen Benedetto.
He continued, “By the time you finish this letter, I trust you’ll agree that if the Second Amendment and Arizona’s Stand your Ground law are to be given any meaning at all, your office must decline to present this case to a grand jury.”
Paul Franco, 51, was killed on July 4.
ABC15 is not naming the protester who shot and killed him because she has not been charged with a crime.
A pro-Palestine protester was also stabbed by a man who appeared to know Franco and his girlfriend, according to cell phone video of the incident.
However, MCAO has since recused itself from the case and sent the matter to the Arizona Attorney General’s Office.
MCAO declared a conflict because the woman who shot Franco is involved in an ongoing lawsuit against the office and the Phoenix Police Department.
The Phoenix Police Department has not provided updates on its investigation into the shooting death.
When last reached for comment, a spokesperson wrote, “As I have said prior, there are no further details about this active investigation at this time. As new information becomes available my office will put out an updated media advisory.”
The Attorney General’s Office also declined to comment.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
