Mesa police officers will not face charges in shooting death of unarmed Angel Benitez

None of the Mesa police officers involved in the fatal shooting of an unarmed 21-year-old more than a year ago will face criminal charges, according to a letter from the Maricopa County Attorney's Office.

Angel Benitez on Sept. 25, 2020, was shot multiple times by several Mesa police officers who said he dropped his hands toward his waist at one point during the incident, which they interpreted as a threat.

Benitez, who died at a hospital that same day, was unarmed.

Tempe police investigated the fatal shooting and submitted the case to the Maricopa County Attorney's Office for review, according to Tempe police spokesperson Det. Natalie Barela. Details about the department's findings were unclear, including whether the department recommended any charges against any of the officers involved.

A letter dated Dec. 28 from the Attorney's Office to Mesa police Chief Kenneth Cost said it had reviewed the shooting and determined "the officers did not commit any act that warrants criminal prosecution." No further details about the Office's decision were provided.

The letter was first reported by 12News on Wednesday. The Arizona Republic obtained the letter on Thursday.

The fatal shooting came at a time of increased protests against police violence nationally and in Arizona. Demonstrators marched in direct response to Benitez's death in Oct. 2020, days after officials released some body camera footage that revealed police saw no weapons in Benitez's possession before he was shot.

Benitez's family demanded an independent investigation and his mother, Ana Sandoval, has since filed a wrongful death lawsuit against the City of Mesa and several Mesa police employees.

“The death of Angel Benitez was tragic and unnecessary. Mr. Benitez was unarmed when he was shot and killed," Sandoval's attorney Benjamin Taylor said in a statement to The Republic. "We encourage and hope all police agencies and prosecutors now and in the future take a close hard look and scrutinize police officers’ actions and use of force.”

Tempe police's investigation has concluded, according to Barela.

Mesa police spokesperson Brandi George told The Republic the department did not initiate an internal investigation for the shooting; however, it was reviewed by its Critical Incident Review Board. The Board found that the shooting was not done under direct supervision of a Street Crimes Unit supervisor but ultimately determined the officers involved followed training guidelines and did not violate policy, according to George.

Details of shooting that killed Angel Benitez

Mesa police on Sept. 25 responded to a Panda Express near Dobson Road and Rio Salado Parkway after receiving a report about a man "passed out" behind the wheel of a car, officials previously said. The man was later identified as Benitez.

An officer at the scene peered into the car at one point and was heard saying he "couldn't see any weapons," according to body camera footage released by Tempe police.

As police learned the car was reported stolen, Benitez awoke and fled the scene in the car, officials said. They later found it backed into a covered parking space near University Drive and Evergreen Road in Tempe with Benitez sitting inside, facing officers.

Officers at the scene had their guns drawn and pointed toward the car, according to body camera footage.

"Driver, with your left hand, reach and open up the door," one of the officers could be heard yelling to Benitez. "Push it all the way with your foot."

"Driver, slowly step out of the vehicle and face away from us," he continued.

Officials previously said Benitez initially complied with officers' commands to put his hands in the air but then "dropped his hands out of their view and towards his waistband" while still the vehicle.

Perceiving the move as a threat, five officers began to shoot lethal and less-lethal rounds at Benitez.

More than a dozen gunshots were heard within five seconds in the footage; however, it's unclear how many of those struck Benitez and which were lethal or non-lethal rounds. Sandoval, Benitez's mother, in her lawsuit alleged at least 28 rounds were fired.

Based on the video, it is not clear how much time passed before Benitez received medical attention. He was ultimately taken to a hospital, where he died.

Reach the reporter at chelsea.curtis@arizonarepublic.com or follow her on Twitter @curtis_chels.

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This article originally appeared on Arizona Republic: Mesa police will not face charges in death of unarmed Angel Benitez