PHOENIX — No charges are being filed against two officers involved in an assault at a Valley QuikTrip convenience store in October 2022.
On Monday, after reviewing all the facts and evidence in the case, the Maricopa County Attorney's Office announced the officer determined that the actions taken by Officer Eddie Becerra warranted a criminal charge.
Prosecutors then presented the case to a Maricopa County grand jury on January 26. The presentation included body-worn camera footage, surveillance video, and a video recorded by a bystander.
The grand jury, however, declined to issue an indictment.
In the case against Officer Nicholas Beck, there was no reasonable likelihood of conviction for his conduct, and MCAO did not seek a grand jury indictment, the office stated.
Following the incident, both officers were placed on administrative leave after cell phone video showed them violently kicking the handcuffed suspect, and hitting him in the back and in the head with their firearms.
Phoenix Police Chief Michael Sullivan said on October 31 that his department would "never ignore misconduct."
“As soon as additional information regarding this incident came to my attention, immediate action was taken,” said Chief Sullivan, the week the video came to light. “What is depicted in the video is not how we train and is not aligned with the core values of the Phoenix Police Department.”
The initial incident took place on October 27 at a QuikTrip near 59th Avenue and Buckeye Road.
According to police, 38-year-old Harry Denman was speaking with the officers in the parking lot when the officers started to leave to respond to a call.
As they were backing out of a spot, Denman pulled out a handgun and allegedly fired twice at the vehicle. One bullet hit the ground, and the other hit the vehicle's spotlight, according to police.
Denman then ran into the QT, while still armed, and officers followed.
Video taken by a citizen then shows Denman being taken into custody. As the man is dropping to the ground with his hands up, one officer forces him down and he hits his head on a cabinet. Both officers hit the man in the back of the head with their gun barrels. After the man is handcuffed, he is kicked again.
Denman suffered injuries during the altercation and was hospitalized and then booked into jail on several charges.
ABC15 spoke to Lon Bartel, a retired police officer with 20 years of law enforcement experience.
"My first reaction is I want to see the whole case because the video is a clip or section of it. It is not the whole story,” said Lon Bartel.
Bartel says officers also have to deal with the fact that a suspect could be armed, "he could bring that gun to play at any given time," he added.
Following Monday's announcement Phoenix Law Enforcement Association President Darrell Kriplean issued the following statement:
"The Phoenix Law Enforcement Association applauds the decisions by a Grand Jury and Maricopa County Attorney Mitchell to not seek criminal charges against the two Phoenix Police Officers who were attacked without provocation by a male suspect who attempted to murder them at a Phoenix QuikTrip in November. A grand jury of citizens were presented the case against Officer Becerra and after reviewing the evidence, facts, and considering the totality of the circumstances surrounding the encounter, the grand jury determined the actions taken by the officer did not rise to the level of criminal culpability nor excessive force.
"The evidence provided by body cameras and surveillance footage is clear: after approaching and attempting to murder two phoenix police officers by opening fire at close range at their marked patrol vehicle, the suspect fled into the QuikTrip which was occupied by members of the community. The officers took swift and decisive action to prevent the suspect from hurting them or any of the customers inside of the QuikTrip and were able to arrest him.
"We encourage the local media and members of the public to not jump to conclusions about officer-involved shootings or interactions until all facts are presented. Many prematurely reported this story solely based on cell video taken by a citizen which did not include the full context of the suspect's criminal actions."
