No charges for Phoenix Police officer who mistakenly shot and killed homeowner

No charges for AZ officer who killed innocent man

Maricopa County Attorney Rachel Mitchell announced on April 30 that a Phoenix Police officer who shot and killed an innocent man during a January 2026 incident will not face criminal charges. FOX 10's Megan Spector has more.

PHOENIX - Months after a Phoenix police officer shot and killed the wrong man during a home invasion, Maricopa County Attorney Rachel Mitchell has announced that officer will not be facing any charges.

The backstory:

The officer in question, Jason Valenzuela, was involved in a shooting that killed Christian Diaz on Jan. 26, 2026. Diaz had disarmed an intruder at his home near 75th Avenue and Lower Buckeye Road. 

Phoenix Police said it got 911 calls reporting a man had been shooting at a house. Phoenix Police said a caller told dispatchers, "Somebody shot one of my kids." In a separate call, a woman reported that someone was shooting her children before a man took the phone, stating "there were kids at the location" and "they are pointing the gun at my dad."

"When the first officer arrived on scene, several community members pointed him toward a nearby home reporting that children were inside, and somebody was shooting. The officer approached the open front door and reported seeing a struggle. He yelled at the men to show their hands, but neither fully complied. This is when the officer-involved shooting took place," officials with the department said at the time.

Dig deeper:

During a media briefing on April 30, Mitchell walking through evidence that led her to the decision that Valenzuela will not face charges.

"Based on all of the evidence, Officer Valenzuela reasonably believed that there was an imminent danger to others and that he had no choice but to fire his weapon to protect them," said Mitchell. "We must analyze the use of force based on the facts and information available to the officer at the time, not what we find out after."

Bodycam footage and home surveillance video shows the moment Valenzuela responded to calls of shots fired and, in the confusion, shot Diaz instead of the alleged intruder.

"First, the officers were told that the suspect was a bald man, and victim also appeared to be bald. Second, 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.

Mistaken identity and the fear of a continuing threat were two main reasons Mitchell decided the officer will not face charges.

"It’s a tough case," said civil rights attorney Ben Taylor. "You have the victims here who want justice, who wants this officer prosecuted, and the county attorney has to review the case based upon the law and the evidence, and whether or not she can get a conviction in front of a jury."

Mitchell did extend her condolences to the victim’s family, and said his final act of protecting his family should never be forgotten.

What's next:

Officials with MCAO have said the home invasion suspect, Edgar Ledezma Garcia, has been indicted on multiple felony charges including murder.

"Under Arizona law, even if you didn’t commit the murder or pull the trigger, if you are the one that caused it or part of it, you can be charged with felony murder under the felony murder law," Taylor said.

We reported on Feb. 18 that Diaz's family has filed a $25 million claim against the city for the deadly shooting.