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Idaho Attorney General Declines Charges in Pocatello Police Killing of Victor Perez

Prosecutors say they cannot disprove justification based on what officers reasonably believed from a knife assault report.

Overview

  • Attorney General Raúl Labrador’s office announced the decision Wednesday in a letter from Deputy Attorney General Jeff Nye stating the state could not prove the shooting was unlawful beyond a reasonable doubt.
  • Officers were dispatched on reports of an intoxicated male trying to stab people with a knife and neither the caller, dispatch, nor responding officers knew Perez’s age or disabilities.
  • Body-camera footage and investigative records show officers approached a backyard’s 4-foot chain-link fence and fired multiple rounds and a beanbag within seconds, with investigators estimating about 12 feet of separation.
  • A state-hired use-of-force expert concluded a reasonable officer could perceive an immediate threat, and Idaho law does not require retreat or the use of less-lethal tools when deadly force is justified.
  • The Perez family said they are disappointed and will continue a wrongful-death civil lawsuit, with plans to amend their complaint using materials from the state review.