FAYETTEVILLE -- A Washington County deputy who fatally shot a man at a tire shop in December has been cleared by an internal investigation.
Cpl. Brad Robinson shot and killed Benjamin Ortiz at Tire Tracks on Dec. 21 on South School Avenue after Ortiz made threatening moves toward Robinson with a knife, authorities said. Ortiz later was found to have had a suicide note in his backpack.
Deadly force
Generally defined as physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. In order for deadly force to be justified there must be an immediate, otherwise unavoidable threat of death or grave bodily harm to yourself or other innocents.
The use of force is generally illegal unless it fits within the strict requirements of one of the four legal justifications. They are: self-defense, defense of a third person, crime prevention, and law enforcement. Each of these areas has specific requirements that must be met to avoid criminal liability. You may only use the amount of force that is reasonable and necessary in the situation. This is judged by what a reasonable person would have done under the circumstances. In a self-defense situation, it is only when the aggressor uses or attempts to use deadly force that you have the right to respond with deadly force.
Source: uslegal.com
"After interviewing Cpl. Robinson and reviewing evidence photos, videos and Ortiz's suicide note, it appears Cpl. Robinson was lawful in his actions," according to conclusions from the investigation by Sgt. Emily Augustine, released Thursday by the Washington County sheriff's office. "It is my finding that Cpl. Brad Robinson is exonerated in this incident."
Robinson returned to work Wednesday.
The Fayetteville Police Department also is investigating the shooting, and the findings of its investigation will be turned over to Washington County Prosecuting Attorney Matt Durrett for final review.
Ortiz, 25, of Las Vegas drew a fixed-blade knife from his backpack and approached the deputy about 1:52 p.m. outside the store, police said. Ortiz did not respond to commands to drop the knife and lunged several times at Robinson, according to a news release.
Robinson tried to retreat, but eventually fired his gun twice, hitting Ortiz in the torso, according to the release. Ortiz collapsed, and Robinson attempted first aid, police said.
Ortiz left a note in his backpack that indicated "his intentions towards suicide, and instructions to friends and family as to what to do after his death," according to the release. Ortiz was in Northwest Arkansas visiting his sister.
A review of photos from the scene of the shooting showed Ortiz lying on his back in front of the bay door where Robinson's vehicle was being serviced, according to the investigation. Ortiz had two bullet wounds -- one in the center of his chest, the other in the upper right pectoral muscle near the shoulder.
A knife was lying near Ortiz's body. It appeared to be a kitchen knife with black handle, about 6 inches long with a stainless steel-colored blade, according to the investigation conclusions.
"I find Benjamin Ortiz committed aggravated assault against Cpl. Brad Robinson when he used a knife as a deadly weapon against Cpl. Robinson," according to Augustine's conclusions. "I find that Cpl. Robinson was justified in using deadly force when he took steps to protect his own life."
A person is justified in using deadly physical force upon another person if the person reasonably believes the other person is committing or about to commit a felony involving force or violence, or if they are using or about to use unlawful deadly physical force, according to Augustine's conclusions.
Robinson, who has been a deputy since 2005, hasn't been involved in any similar case, sheriff's office spokesman Kelly Cantrell said.
Before Wednesday, Robinson was on paid administrative leave pending the outcome of the internal investigation.
Metro on 01/06/2017