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Family seeks justice for man killed by Phoenix officer
The family of a Phoenix man who was shot and killed by police while trying to stop an intruder is asking for Arizona Attorney General Kris Mayes to intervene after the Maricopa County Attorneys Office announced they would not file criminal charges against the officer. FOX 10's Megan Spector has more.
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.
Still from a Phoenix Police Officer's body-worn camera during a Jan. 26 shooting (left) Christian Diaz (right).
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.
What they're saying:
The suspect in the incident, Edgar Garcia, was indicted on several felonies, including murder. But Diaz's family wants the blame put on the officer.
"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, an attorney representing the Diaz family. "So what we are doing is 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."
No charges for Phoenix Police officer who mistakenly shot and killed homeowner
A Phoenix police officer who accidentally shot and killed a homeowner defending his family from an intruder will not face charges, the county attorney announced.
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.
Family of Christian Diaz files $25M claim against Phoenix for deadly police shooting
Christian Diaz’s family filed a $25M claim against Phoenix after an officer fatally shot Diaz while he restrained an intruder. The claim says police ignored warnings the intruder was disarmed, firing one second after shouting a command.
Map of area where the shooting happened:
The Source: FOX 10's Megan Spector, a news conference held by Christian Diaz's family and attorney David Chami on May 7 and a previous FOX 10 report on April 30, 2026.