BENTONVILLE -- Two Bethel Heights police officers were justified in shooting a man who hit one of them with a car, according to Benton County Prosecuting Attorney Nathan Smith.
Smith said Tuesday that officers Nick Jones and Juan Hernandez will not face criminal charges in the shooting of Justin Ryan Delacruz on Sept. 14. Delacruz survived the shooting and was jailed less than a week later.
Arkansas State Police investigated the shooting and turned its file over to Smith. Smith reviewed the file, interviews and police vehicle dashboard-camera recordings before finding the officers' actions were justified under state law.
Delacruz, 20, arrived at a Bethel Heights residence where he believed he would meet a prostitute, according to Smith's letter. Uniformed officers, including Jones and Hernandez, walked out of the residence and told Delacruz he was under arrest.
Police said Delacruz put his car in reverse to flee. Delacruz drove toward Jones, who was unable to evade Delacruz's vehicle, police said. Jones fired one shot into the vehicle and hit Delacruz, according to court documents.
Jones was then struck by Delacruz's vehicle, documents said. Jones rolled over the top of the vehicle and fired two more shots, hitting Delacruz a second time, according to court documents.
Hernandez fired three shots at Delacruz, hitting him once. Delacruz then crashed his car into a ditch and surrendered, police said.
Smith wrote that Delacruz's actions created a clear and present danger to Jones' life and that Jones and Hernandez acted reasonably in responding "to the unlawful use of deadly force with lawful deadly force."
Jones did not suffer any serious injuries, according to Cpl. Chasity Mahan, a spokesman 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 Sept. 20. He was charged with two counts of second-degree battery, aggravated assault on a law enforcement officer, possession of drug paraphernalia and patronizing a prostitute.
State Desk on 10/16/2016