SPARKS, Nev. (KOLO) – The Washoe County District Attorney’s Office has determined that a 2022 officer-involved shooting in Sparks was justified.
District Attorney Chris Hicks released a detailed 29-page report containing the facts of the case, photographs, witness accounts, and the legal analysis supporting the determination. This determination is based on an extensive review of the investigation conducted by the Washoe County Sheriff’s Office, which was submitted to the DA’s office.
The shooting happened on August 22, 2022 at an apartment at 1625 Merchant Street. Sparks Police received a report of a man threatening a woman with a knife just before 8 p.m.
Officers Britt Brown and Tom Radley from SPD arrived on scene and heard a man screaming inside an apartment.
Once at the top of the staircase, the officers saw Francisco Pena standing in the doorway of an apartment, screaming belligerently and gripping a knife. The officers also saw a teenage boy still inside the apartment within one or two feet of Pena.
According to the investigation, the officers yelled verbal commands to Pena to “drop the knife” and “show me your hands!” Pena disobeyed the officers’ verbal commands and continued to scream and act belligerent. After several seconds of non-compliance, Officer Brown discharged one shot from his rifle and Officer Radley discharged two shots from his pistol. All three bullets struck Pena, who dropped the knife and fell to the ground.
Officers provided aid to Pena until medical personnel arrived on scene. Pena was transported to Renown Hospital and declared deceased at 8:40 p.m.
The evidence shows that Pena was angry that his ex-girlfriend had been seeing another man despite being separated for more than two-years. On the day of the shooting, Pena went to her apartment armed with a knife and a firearm, despite not living there. He had been drinking, was depressed, and was enraged with jealousy.
Once the woman entered the apartment, Pena began attacking her. He followed her into her bedroom, pinned her down, and took her phone. Pena had a knife and a firearm during this altercation. Upon hearing the attack, the woman’s son exited his room and tried to help her. The teenager managed to free his mom from Pena, allowing her to escape. The boy tried to take the knife from Pena but was cut during the struggle. While the teen was unsuccessful in getting the knife from Pena, he did manage to take the firearm and hide it in his bedroom.
WCSO submitted all investigative reports, photographs, documents, BWC, forensic reports, witness statements, and recorded interviews to the Washoe County District Attorney’s Office on November 17, 2023. No criminal charges were recommended by WCSO for Officer Brown or Officer Radley, the two SPD officers involved. The DA’s office found that Pena presented an imminent danger by wielding a knife at Officer Brown and Officer Radley and disobeying both officers’ commands. It was determined that Officer Brown’s and Officer Radley’s actions were absolutely necessary under the circumstances and carried out for the purpose of attempting to avoid death or great bodily injury to themselves and the teenage boy.
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