No charges for Tempe officer whose body cam was off during deadly shooting

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Lt. Edward Ouimette (Source: 3TV/CBS 5 file photo) Lt. Edward Ouimette (Source: 3TV/CBS 5 file photo)
Dalvin Hollins (Source: Family photo) Dalvin Hollins (Source: Family photo)
Dalvin Hollins (Source: Maricopa County Sheriff's Office) Dalvin Hollins (Source: Maricopa County Sheriff's Office)
July 27, 2016 (Source: 3YV/CBS 5 file photo) July 27, 2016 (Source: 3YV/CBS 5 file photo)
'The decision to shoot therefore, under Arizona law, is a permissible use of deadly force and there is no evidence to permit a conclusion that charges could be filed ...,' Maricopa County Attorney Bill Montgomery said Wednesday. (Source: 3TV/CBS 5) 'The decision to shoot therefore, under Arizona law, is a permissible use of deadly force and there is no evidence to permit a conclusion that charges could be filed ...,' Maricopa County Attorney Bill Montgomery said Wednesday. (Source: 3TV/CBS 5)
PHOENIX (3TV/CBS 5) -

Maricopa County Attorney Bill Montgomery announced no charges would be filed against a Tempe police officer involved in a deadly shooting last July.

According to the Tempe Police Department, Lt. Edward Ouimette did not turn on his body camera during a chase and subsequent shooting of armed robbery suspect Dalvin Hollins, 19.

During his regularly scheduled news conference on Wednesday, Montgomery ran through the factors contributing to the decision not to charge Ouimette, including Arizona's statutes relating to the use of deadly force.

"[Ouimette's] decision to shoot therefore, under Arizona law, is a permissible use of deadly force and there is no evidence to permit a conclusion that charges could be filed for a crime under Arizona law," he said. "At the end of the day, we had a loss of life that is tragic for the individual involved and for their family. The conclusion reached in this regard in no way diminishes the value of that human life or the tragedy that affected the broader community as a result."

[WATCH: Montgomery runs down some of what went into his decision to not charge Ouimette]

"This legal finding does not alleviate the suffering of the Hollins' family, nor does it ease the fear and range of emotions of those who were at the Walgreens, the elderly care center, and those of Lt. Ouimette, who is still on industrial leave as a result of the injuries he sustained during this incident," Tempe Police Department spokeswoman Sgt. Josie Montenegro said in a statement sent to media outlets.

[Click/tap here to jump to jump to full statement at the end of the story.]

The department said Ouimette turned on his body cam after he fired a shot at Hollins, who was found to be unarmed. The 19-year-old apparently said he had a gun holding up the Walgreens pharmacy at Guadalupe Road and McClintock Drive on the morning of Wednesday, July 27, 2016.

[ORIGINAL STORY: Armed robbery suspect dead after officer-involved shooting in Tempe]

[PHOTOS: From the scene]

Lt. Mike Pooley of the Tempe Police Department said in the hours after the shooting that Hollins had his hand in a black bag when he demanded liquid narcotics -- prescription cough syrup with codeine --  from the pharmacist.

"He began threatening them, saying he was going to kill them and that he had a firearm," Pooley said that morning.

"He had no gun," Hollins' father, Calvin Hollins, said the next day. "He was running for his life. He was 19. ... They didn't have a right to kill him"

[READ MORE: Parents of man killed by Tempe officer speak out]

By the time officers arrived at the Walgreens that July morning, the suspect was gone. They located him a short time and began chasing him.

Ouimette told investigators that Hollins turned toward him as they were running and pointed what he believed was a firearm.

After Ouimette fired at him, Hollins ran into a senior living facility and closed himself in a maintenance room. He was later found dead of his wound in that maintenance room.

At the end of the day, we had a loss of life that is tragic for the individual involved and for their family. The conclusion reached in this regard in no way diminishes the value of that human life ....

The Maricopa County Medical Examiner's office confirmed that Hollins was killed by a gunshot to the back.

Just before that finding was released, Hollins’ family called for an outside investigation just days after the shooting. They said Hollins has some mental health issues but was getting help.

The family wanted the U.S. Department of Justice or another law enforcement agency – any agency but the Tempe Police Department – to look into the shooting.

They have always wanted to know why Ouimette did not activate his camera until after he shot Hollins.

The Tempe Police Department's guidelines for use of body cameras, which were issued in October in 2015, states that recording should be "incident specific" and officers "should not recording their entire shift."

[RELATED: Tempe policy offers guidelines for body cam use]

“The BWC should be activated prior to actual contact with the subject, or as soon as safely possible thereafter," the guidelines stated.

In the wake of the Ouimette-Hollins incident, the department updated its BWC policy and released new guidelines in September.

"The Tempe Police Department reviewed its Body Worn Camera Policy in light of these events and took steps to improve our procedures by requiring officers to immediately activate their body worn cameras (BWC) when responding to an emergency type call as opposed to when they arrive at an emergency call," Montenegro explained. "All sworn Officers of the Tempe Police Department attended training shortly thereafter, which focused on the appropriate activation of the BWC.  This should help alleviate inadvertent non-activation of BWC under stress and therefore aid our officers and ultimately the community." 

[PDF: Click/tap here to download Tempe P.D.'s news body camera guidelines]

Ouimette, who has been on leave since the shooting, has been with Tempe P.D. for nearly 20 years.

The Tempe Police Department released its 134-page report on the incident Tuesday night.

[PDF: Click/tap here to download the entire report.]

This legal finding does not alleviate the suffering of the Hollins' family, nor does it ease the fear and range of emotions of those who were at the Walgreens, the elderly care center, and those of Lt. Ouimette? ....

Full statement from the Tempe Police Department

"The Maricopa County Attorney announced today there will be no criminal prosecution sought against Lt. Edward Ouimette of the Tempe Police Department reference the Officer Involved Shooting incident that occurred on July 27, 2016.  We are appreciative of their diligence and thorough independent review of this investigation.

"This legal finding does not alleviate the suffering of the Hollins’ family, nor does it ease the fear and range of emotions of those who were at the Walgreens, the elderly care center, and those of Lt. Ouimette, who is still on industrial leave as a result of the injuries he sustained during this incident.

"Immediately following this incident, our internal review of the incident revealed that Lt. Ouimette did not activate his BWC, which may have provided additional evidence of the encounter.  The Tempe Police Department reviewed its Body Worn Camera Policy in light of these events and took steps to improve our procedures by requiring officers to immediately activate their body worn cameras (BWC) when responding to an emergency type call as opposed to when they arrive at an emergency call.  All sworn Officers of the Tempe Police Department attended training shortly thereafter, which focused on the appropriate activation of the BWC.  This should help alleviate inadvertent non-activation of BWC under stress and therefore aid our officers and ultimately the community.  The updated policy can be found on the Tempe Police Department website Here –  BWC Policy.

"In light of pending litigation, we must limit our comments.  However, we remain steadfast in our resolve to be transparent and our thoughts are with everyone who was impacted by this event."

[Click or tap here to pick up where you left off reading.]

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