Family of man wrongly shot, killed by Phoenix officer seeks justice

PHOENIX - The family of a Phoenix man who was shot and killed by police while trying to stop an intruder is asking for the state’s top prosecutor to intervene.

The family's response comes days after prosecutors announced they would not file criminal charges against the officer. The family and their attorney’s message is clear, they want charges to be filed against the police officer who mistakenly shot and killed Christian Diaz.

The backstory:

Phoenix Police Officer Jason Valenzuela was responding to calls of shots fired on Jan. 26 at a home near 75th Avenue and Lower Buckeye Road, and in the confusion, Valenzuela shot Diaz instead of an intruder.

"[Diaz] was my partner, my soulmate, a father," Mariana Gonzalez said.

The Diaz family attorney translated for Gonzalez during the news conference.

"He was a kind, caring and loving man who was killed while protecting his family from an armed and mentally ill intruder," Gonzalez said.

Last week, Maricopa County Attorney Rachel Mitchell said Officer Valenzuela would not face charges. She said mistaken identity and fear of a continuing threat were two of the main reasons why she came to the conclusion to not charge.

"The officers were told that the suspect was reloading, and that someone was shooting kids in the house, leading them to believe the threat was ongoing," Mitchell said.

"The decision is a slap in the face to a family who watched Officer Valenzuela, and I mean literally watched, Officer Valenzuela murder Christian Diaz," said David Chami, representing the Diaz family.

What they're saying:

The suspect in the incident, Edgar Garcia, was indicted on several felonies, including murder. What Diaz's family wants, however, is clear: they want charges to be filed against the officer who mistakenly shot and killed Diaz.

"He acted with gross and reckless disregard for the safety of the same person he was meant to protect," said Chami.

The family is also calling on Arizona Attorney General Kris Mayes to step in.

"We are asking the Attorney General Kris Mayes to intervene in this case and to bring charges, because what we believe is there is a clear conflict of interest between the county attorney’s office and the Phoenix Police Department," said Chami.

The other side:

The Maricopa County Attorney's Office released a statement on the matter. It reads:

"The death of Christian Diaz Rendon is tragic, and the County Attorney extends her sincere condolences to his family. No one should ever have to experience the terror his family went through that night, and the heartbreak they are suffering as a result.

The officer’s split-second decision was made in the middle of a chaotic situation, and Arizona law and U.S. Supreme Court rulings on the use of force are clear: prosecutors must evaluate the situation as the officer understood it in the heat of the moment, even if the facts turn out to be wrong in hindsight. The decision not to file charges was made after a careful evaluation of all the available evidence, including body-worn camera footage, departmental reports, radio traffic, and interviews. That said, the County Attorney is willing to reconsider any case if new evidence becomes available.

The Maricopa County Attorney, not the Arizona Attorney General, has jurisdiction over critical incidents involving law enforcement within Maricopa County. We work closely with law enforcement, as is the nature of the criminal justice system, but this in no way influences the decisions made in this office, and there is no conflict of interest in this situation. If a crime is committed and we believe it can be proven beyond a reasonable doubt so that a jury will unanimously agree, we will charge the person responsible."

What's next:

In addition to asking the county attorney to reconsider filing charges, the family’s attorney says he will be pursing a civil lawsuit.

Map of area where the shooting happened:

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