BENTONVILLE -- Two Bethel Heights police officers were justified in using deadly force and shooting a man who hit one of them with a car, said Nathan Smith, Benton County prosecutor.
Smith announced his decision Tuesday officers Nick Jones and Juan Hernandez will not face criminal charges in the shooting of Justin Ryan Delacruz. Smith found the officers' actions on Sept. 14 justified.
Arkansas State Police investigated the shooting and turned its file over to Smith. Smith reviewed the file, interviews and police vehicle dash-cam recordings before finding the officers' actions were justified under Arkansas law.
Delacruz, 20, arrived at a Bethel Heights' home where he believed he would meet a prostitute, according to Smith's letter.
Uniformed officers, including Jones and Hernandez, came out of the home and told Delacruz he was under arrest, according to the letter.
Delacruz put his car in reverse to flee, according to court documents. Delacruz drove toward Jones, who was unable to evade Delacruz's vehicle. Jones fired one shot into the vehicle and hit Delacruz, according to court documents.
Jones was then struck by Delacruz's vehicle. Jones rolled over the top of the vehicle and was able to fire two more shots, hitting Delacruz another time, according to court documents.
Hernandez fired three shots at Delacruz, hitting him once, according to court documents.
Delacruz crashed his car into a ditch and then surrendered.
Delacruz's actions created a clear and present danger to Jones' life, and Jones and Hernandez acted reasonably in responding "to the unlawful use of deadly force with lawful deadly force," according to Smith.
Jones didn't suffer any serious injuries, according to Cpl. Chasity Mahan, a spokeswoman for the Bethel Heights Police Department.
Jones and Hernandez were placed on administrative leave with pay after the shooting. Both returned to work Tuesday after Smith released his decision.
Delacruz spent days in the hospital before he was booked into the Benton County Jail on Sept. 20. He was arrested in connection with two counts of second-degree battery, aggravated assault on a law enforcement officer, possession of drug paraphernalia and patronizing a prostitute.
NW News on 10/12/2016