No criminal charges for Phoenix officer who fatally shot wrong person, county attorney says

PHOENIX — Maricopa County Attorney Rachel Mitchell announced Thursday she’s not pursuing criminal charges against the Phoenix police officer who fatally shot a man trying to subdue an intruder during an incident earlier this year.

Christian Diaz Rendon was killed on Jan. 26 at his family’s home during a chaotic scene as a man fired shots and broke into the residence, records show. During a violent struggle between Rendon and the suspect, identified as Edgar Garcia, police officers arrived on the scene, and a shot was fired into the home, striking Rendon. 

Garcia was taken into custody and Rendon died from his injuries.

During a press conference on April 30, Mitchell said she’s reviewed the evidence of the case and has decided not to charge the Phoenix officer who fired the deadly shot at Rendon.

Mitchell presented snippets of body-worn camera footage from the incident to explain her reasoning for the decision.

Mitchell expressed condolences for Rendon’s family, calling the whole situation heartbreaking.

David Chami, an attorney for the Rendon family, sent 12News the following statement after Mitchell’s announcement:

“The family is absolutely devastated by the County Attorney’s decision not to charge the officer,” the attorney said. “While the family did not expect a murder charge, the family absolutely expected the officer to be charged with Reckless Endangerment. In Arizona, reckless endangerment (A.R.S. §13-1201) occurs when a person recklessly puts another in substantial risk of imminent death or physical injury. The actions of the officer absolutely fit that definition.”

Garcia is already facing felony charges in relation to the events on Jan. 26. Mitchell said her charging decision for the officer won’t impact the separate case involving Garcia.

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