Yihyun Jeong

The Republic | azcentral.com

WINSLOW — Body-camera footage released by the city of Winslow on Wednesday shows the seconds leading up to the fatal shooting of a 27-year-old Navajo woman by a Winslow police officer, with the woman advancing toward the officer with a pair of silver scissors in her left hand.

The video footage from March 27 shows the encounter between Loreal Tsingine and Officer Austin Shipley. Tsingine's death on Easter Sunday drew an immediate outcry in the city and strained relations between the city and Native Americans. The Navajo Reservation borders Winslow.

A shooting investigation was conducted by the Arizona Department of Public Safety, which was reviewed by Maricopa County Attorney Bill Montgomery. He announced Friday that no charges would be filed against Shipley.

The footage released Wednesday does not have audio initially. It shows Shipley leaving his patrol vehicle to encounter Tsingine, who is a suspect in a convenience-store shoplifting that had occurred minutes before. His hand movements indicate that he is giving her orders to stop and to turn around.

He attempts to grab her hands when she turns back to face him, and Shipley takes Tsingine to the ground. As she gets up, a pair of silver scissors can be seen in her left hand.

Shipley pushes her away and, as she falls, she spills her belongings, including a pill bottle with her prescription for Aripiprazole, an anti-psychotic medication.

In the video, a second officer, identified by the DPS as Sgt. Ernest Cano, approaches Tsingine from behind, standing close to the woman as she gets up and walks toward Shipley with the scissors in her hand, facing down.

Shipley draws his gun and fires. The surprised second officer sprints out of the way as Tsingine is struck.

Audio in the footage kicks in just as she falls to the ground. Shipley is heard breathing heavily with his gun still aimed at Tsingine as she struggles on the ground and pushes herself on her back.

"She came at me with those scissors," he tells the officer, right before he gags.

'No evidence of criminal conduct'

The DPS investigated the shooting at the request of the Winslow Police Department. The investigative report was then turned over to the Maricopa County Attorney's Office for an independent prosecutorial review at the request of the Navajo County Attorney's Office.

"Shipley attempted to take Tsingine into custody when a struggle ensued. Tsingine refused to obey commands, actively physically resisted, and displayed a pair of scissors to Shipley, in what he perceived was a threatening manner," according to a DPS summary of its investigation also released by Winslow on Wednesday.

"Shipley attempted to create distance and gave multiple verbal commands to stop resisting, get on the ground, stop, and drop the scissors. Tsingine ignored all of the commands she was given. Tsingine, who was still holding the scissors, began to advance on Shipley. He drew his weapon and pointed it at Tsingine's waist and legs while still giving her commands to stop. After retreating approximately 15 to 20 feet, Shipley raised his weapon, aligned his front sights on Tsingine's center of mass, and discharged his weapon five times."

Tsingine's family files claim against Winslow, officer

"Shipley felt an immediate threat to his life as well as (Sgt. Ernest) Cano's life of either serious physical injury or death, due to the fact that Tsingine had a pair of scissors in her hand."

Montgomery said in a statement Friday, "After a careful review of the facts surrounding the case, including available video evidence and witness statements from all involved, my office found no evidence of criminal conduct on the part of Officer Shipley."

Keith Manning, Maricopa County Attorney's Office law enforcement liaison, wrote a letter to Winslow Police Chief Stephen Garnett. "Based on the information submitted in the DRs, it is in the opinion of this Board that Officer Shipley did not commit any acts that warrants criminal prosecution," the letter said.

Shipley will remain on paid administrative leave pending the outcome of an internal-affairs investigation that will be conducted by the Mesa Police Department, the city of Winslow announced Friday.

Onlookers gather at the scene

Footage shows Tsingine continuing to move on the ground as the two officers watch. Paramedics arrive within two minutes and begin to administer aid.

"I tried to pull her to the ground and she fell to the ground," Shipley said to Cano. "That's when she came up with the scissors right here ... I was trying to get back."

Commotion from onlookers can be heard in the footage.

"You didn't have to kill her, man," a man shouts.

Lt. Kenneth Arend comes to the Shipley and asks, "You OK? You all right, man?"

"I did what I had to do. I did what I had to do," Shipley responded.

He is asked by another officer about Tsingine's age, to which he answers, "I honestly don't know anything about her. I don't recognize her."

"You don't need to be sitting here watching this," Arend says, ordering Shipley to go sit in a fire truck.

The footage ends with Shipley breathing heavily in the truck as Tsingine's body is covered with yellow plastic on the ground.

Representatives of the city of Winslow and the Winslow Police Department declined comment on the video footage Wednesday. The full DPS report and additional video footage will be released next week, according to the city.

An attorney for the family declined comment until he could view the video.

Reach the reporter at yjeong@arizonarepublic.com or follow her on Twitter @yihyun_jeong.