No charges against three officers in fatal Pasco shooting

No criminal charges will be filed against three police officers in Pasco for the death of Antonio Zambrano-Montes, who was shot after throwing rocks.

Prosecutor Shawn Sant said there was no evidence the officers acted with malice. He said the evidence showed the officers used legal force as they tried to arrest a man who had assaulted them and was threatening to attack them further. Sant said he could not meet the high bar for criminal prosecution under Washington state law, which requires a showing that the officers acted with malice and without good faith that their actions were justified.

George Trejo Jr., a lawyer for Zambrano-Montes’ wife and children, said in an email that he is disappointed.

“His claim that there is insufficient evidence to establish any crime beyond a reasonable doubt is a pretext for his decision to protect law enforcement from the very beginning of this case,” Trejo wrote. “We are not surprised by this decision but disgusted and disappointed. This is precisely the reason why we continually asked for an independent criminal investigation.”

Witnesses said Zambrano-Montes, an undocumented orchard worker, fought with an officer, threw rocks and told officers to shoot him before they opened fire. Zambrano-Montes was shot at 17 times – struck seven times – in an intersection after he was Tazed six times.

An autopsy determined Zambrano-Montes was high on methamphetamine.

The officers involved, Ryan Flanagan, has resigned since the February shooting. The other officers, Adam Wright and Adrian Alaniz, remain on paid leave. The officers said Zambrano-Montes, 35, threw several rocks and they had feared for their safety.

The news of Zambrano-Montes’ death prompted protests as far away as Mexico.

Gov. Jay Inslee immediately asked Attorney General Bob Ferguson to review the charging decision, saying he believes it important for people to have faith in it.

The Association Press contributed to this report.