Arizona police dispute conflicting witness reports in shooting of 14-year-old boy

The Tempe Police Department is disputing comments made by the owner of the truck 14-year-old Antonio Arce was reportedly burglarizing when police shot and killed him last week.

The police statement came a day after Lou Silvas told The Arizona Republic details that differed with law enforcement's description of the Jan. 15 shooting.

Specifically, Tempe police have said Arce stole an airsoft gun out of the truck, and provided the media a screenshot of the body-cam video they said appeared to show Arce holding a weapon while sitting in the truck.

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Silvas told The Republic he had two airsoft guns in his truck at the time of the shooting, and neither had been stolen. He insisted the only item missing was a large, black cellphone — which he told The Republic he believed the body-cam video showed Arce holding inside the truck.

Silvas has since told another media outlet he's not sure what was inside the vehicle, and that there may have been additional airsoft guns. He could not be reached by The Republic Monday night to provide clarification on the conflicting comments.

The footage shows the shooting of a 14-year-old Antonio Arce.
The footage shows the shooting of a 14-year-old Antonio Arce.

Police dispute witness comments

A statement released by Tempe police spokesman Sgt. Ronald Elcock Monday night disputed Silva's narrative and that of a neighbor who said she saw police deploy a stun gun on Arce while he was on the ground. Elcock said there is "no evidence that any Taser was used during this incident."

Elcock's statement did not address the woman's additional comment that police handcuffed Arce while he was on the ground. Rob Ferraro, president of the Tempe Officers Association, said officers did handcuff Arce and then immediately began CPR, which he described as standard procedure.

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Overall, Elcock said statements in the article contradicted body camera footage, evidence and previous statements given to detectives following the shooting.

Elcock did not detail which statements specifically he was referring to, but did say that the article appeared to "leave open questions about how the Airsoft Pistol got to the scene."

"As Tempe Chief Sylvia Moir affirmed, multiple Body Worn Camera angles from the real-time response show the pistol beneath and beside the juvenile as officers approached and rendered aid," he said. "No gaps in footage exist."

Tempe police have released one partial body-cam video, which edited out Arce on the ground and stops before additional officers reach him. Police have not provided to the public the additional body-cam videos, witness statements or details of the evidence mentioned in the statement.

In light of the conflicting statements, Elcock said investigators will re-interview witnesses and victims to ensure their investigation is accurate.

Ferraro also released a statement responding to the comments in the article, saying the media reports and social media posts have only served to further inflame emotions.

"This remains a tragic story for all concerned, including Arce’s family, the community and our department," he said.

Ferraro said Arce was not shot with a stun gun while he was on the ground, that officers did administer CPR and that Arce was carrying the pistol police have reported was found beside his body.

Details of the shooting

Police said Officer Jaen — whose first name has not been released — was responding to a report of a suspicious car, possibly used in a burglary, parked in an alley in a residential area north of Baseline Road and east of 48th Street.

Officials said Jaen saw Arce holding a gun inside the truck and ordered him to show his hands once he stepped out of the vehicle. Body-cam video showed Jaen shoot at Arce twice after he ran away from the officer.

Arce was struck once between the shoulder blades and later died at the hospital. The gun turned out to be an airsoft gun that still had the orange tip used to indicate the weapon wasn't lethal.

Moir said Jaen is now on administrative leave.

Arce's family and activists have called for Jaen to be fired and charged with homicide for the 14-year-old's death.

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This article originally appeared on Arizona Republic: Arizona police dispute conflicting witness reports in shooting of 14-year-old boy