SPRINGDALE -- Prosecutors won't file charges against a security guard in connection with a fatal shooting outside a Springdale nightclub in December, saying it appeared to be self-defense.
Washington County prosecutors reviewed police reports from the Dec. 17 shooting outside Zabana Night Club, located at 2323 S. Old Missouri Road, to determine whether the shooting was justified or whether charges should be filed against the security guard who fired the shot, according to Prosecuting Attorney Matt Durrett.
Deputy Prosecutor Madison McEver handled the review.
"She chose not to file any charges on the security guard," Durrett said. "Based on her review, his actions were justified."
Durrett identified the security guard as Jerry Camilo.
Springdale police responded to Zabana about 1:50 a.m. Dec. 17 regarding a gunshots call. A man identified as Luis Steven Ogando Lopez, 21, was found with two gunshot wounds, according to a news release from police. He later died from his injuries at a local hospital, according to the release.
The investigation revealed Lopez had been kicked out of the nightclub after causing issues and having a knife on him inside the establishment. He then went to a vehicle and retrieved a gun, according to police.
Camilo confronted Lopez in the parking lot, and an altercation occurred. Lopez pointed his gun toward Camilo, who then fired his own gun, striking Lopez, according to police.
Camilo stayed on scene, cooperated with the investigation and went to the police station for questioning by investigators, according to police.
Another man, Juan Carlos Frias-Villa, 26, of 750 S. 40th St. in Springdale, was arrested in connection with second-degree battery after the incident.
During the disturbance between Lopez and the security guard, Frias-Villa struck a second security guard with his vehicle, according to police. Frias-Villa left the scene and was later located by detectives. He admitted striking the guard with his vehicle and fleeing the scene, police said. The security guard who was hit was taken to a local hospital, where he was treated and released, according to police.
Frias-Villa has entered an innocent plea and his trial is set for Sept. 11.
Meanwhile, state Alcoholic Beverage Control officials also have been investigating the December shooting to determine whether penalties are warranted, according to Scott Hardin, a spokesman with the Arkansas Department of Finance and Administration.
Zabana received notice late last week of two violations related to the December 2023 shooting, according to Hardin. The violations are for failure to be a good neighbor and allowing weapons on a permitted premises.
A hearing will be held May 8 before Alcoholic Beverage Control Director Christy Bjornson to determine what the penalty will be for the violations. The penalty could range from a fine and probation to suspension or full revocation of the club's permit. Bjornson will consider testimony and information presented at the May 8 hearing when determining the appropriate penalty for Zabana.
Zabana has the option to bring legal counsel to the hearing, according to Hardin.
When the penalty is announced, Zabana can choose to accept it or it may appeal the violations and penalties to the full Beverage Control board. The final option for Zabana if they do not agree with the board's decision is filing a lawsuit in circuit court.
Another incident outside Zabana a year before also resulted in a man's death.
About 2:20 a.m. Aug. 28, 2022, police responded to a report from nightclub security personnel of gunshots in the area. Officers arrived to find a 19-year-old man lying in the parking lot with several gunshot wounds. He was taken to a local hospital, where he died.
Jose Reyes-Sanchez, 25, was arrested in connection with the shooting and charged with capital murder. Reyes-Sanchez has pleaded not guilty. He is being held without bond at the Washington County Detention Center pending trial. Reyes-Sanchez's next scheduled court appearance is Friday/April 12 before Circuit Judge Mark Lindsay.
The club was issued a $600 fine by the Alcoholic Beverage Control board and placed on probation for 90 days over the August 2022 shooting.