Washington County prosecutor says deputy justified in fatal shooting

Cpl. Brad Robinson
Cpl. Brad Robinson

FAYETTEVILLE -- The Washington County prosecuting attorney decided a Sheriff's Office deputy was justified in killing a man who came at him with a knife outside a tire store in December.

Cpl. Brad Robinson shot and killed Benjamin Ortiz on Dec. 21 at Tire Tracks on South School Avenue after Ortiz made threatening moves toward Robinson with a knife, police said. Police found 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 the officer or other innocents.

Source: uslegal.com

"After reviewing the video, witness statements and other materials, it was clear he was justified in his actions," Prosecutor Matt Durrett said. "He had no other choice."

The Fayetteville Police Department investigated the shooting and turned its findings over to Durrett for review.

An internal Washington County Sheriff's Office investigation last week cleared Robinson, and he returned to work.

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 indicating "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 the incident scene photos showed Ortiz lying on his back in front of the bay door where Robinson's vehicle was being serviced, according to the Sheriff's Office investigation. Ortiz had two bullet wounds; one in the center of his chest, the other in the upper right pectoral muscle area near the shoulder.

The knife Ortiz was using was lying near his body. It appeared to be a kitchen knife with a black handle, approximately 6 inches long, according to the investigation conclusions.

Robinson, who has been a deputy since 2005, hasn't been involved in a similar incident, said Kelly Cantrell, Sheriff's Office spokeswoman.

NW News on 01/12/2017

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