The Tempe police officer who fatally shot a 14-year-old boy as he ran away while holding a non-lethal airsoft gun will not face criminal charges, the Maricopa County Attorney's Office has decided.

Maricopa County Attorney Allister Adel announced the decision to clear former Tempe Officer Joseph Jaen of any wrongdoing in the shooting of Antonio Arce during a press conference on Friday.

"This situation is absolutely heartbreaking. But, on that day, Officer Jaen did not see a 14-year-old boy with a replica," Adel said. "In that moment, he saw a suspect running through a neighborhood with a weapon."

The announcement came more than a year after Jaen shot and killed Arce. Body-cam footage shows the 14-year-old running from the officer while clutching what law enforcement said appeared to be a gun. The weapon turned out to be a non-lethal airsoft gun with an orange tip.

The odds were in Jaen's favor. Nationally and in Arizona, officers are rarely prosecuted. The Maricopa County Attorney's Office has cleared all but one officer of any wrongdoing in the hundreds of shootings since 2011.

The lone officer charged was former Mesa police Officer Philip "Mitch" Brailsford. Body-camera footage showed Brailsford shooting Daniel Shaver, 26, in a hotel hallway as Shaver crawled on his hands and knees. He was ultimately acquitted by a jury.

"This decision is no different than what’s been happening in Maricopa county for a long time," Danny Ortega, the attorney for Arce's family, said following the announcement.

'Jaen believed he was in imminent danger'

Adel said their decision was made after a thorough review of the evidence in the case and with the guidance of two U.S. Supreme Court rulings dictating police use of force and statues that say police officers may use deadly force when they reasonably believe it's necessary to defend themselves and the public from danger.

They also consulted an independent third-party expert, she said.

"Based on the facts and the evidence in this case, Officer Jaen believed he was in imminent danger," Adel said. "Officer Jaen believed that those in the immediate area were in imminent danger. Officer Jaen believed he had no other choice but to fire his weapon to protect himself and the community."

Like with all cases, there must be enough evidence to ensure a reasonable likelihood of conviction by a jury for the Maricopa County Attorney's Office to move forward with prosecuting. Adel noted their decision does not bear any comment on whether there’s civil liability in this case or if department policies were followed.

The Arce family was disappointed by the decision. Arce's parents and siblings have previously stated that they believe Jaen should face criminal charges for the shooting and for not rendering aid as the teenager lay dying in the street for approximately 7 minutes.

"Clearly my clients were shocked by the decision of the county attorney, but they will pursue civil remedies," Ortega said during a separate press conference.

Administrative investigation: Jaen wasn't threatened

Tempe Police Chief Sylvia Moir announced the results of the department's administrative investigation Friday as well, saying Jaen's actions on the day of the shooting violated training and department policies and procedures.

"None of us were there to have a first-hand account of this incident, but evidence suggests that this tragedy reflected that Joseph Jaen's actions were not in line with our values," Moir said.

According to documents detailing the administrative investigation, Jaen violated department policy by improperly using deadly force, acting negligently and failing to follow department use of force guidelines because his life was not in danger.

"From the time Ofc. Jaen noticed the vehicle in the alley until the scene was stabilized, Ofc. Jaen engaged in poor decision making, poor tactics, and failed to adhere to his training; his actions and conduct were unreasonable, negligent and reckless, resulting in the tragic loss of life," the report states.

Moir said disciplinary actions against Jaen would have been recommended had he not resigned in May. Moir said his discipline could have ranged from a 40-hour suspension to termination.

The department will work to identify how they can do better during rapidly evolving incidents like police shootings, Moir said, including possible additional training.

Tempe Mayor Mark Mitchell said he knows the Arce family and community members will likely be frustrated by the County Attorney's Office decision.

"It is clear to me that these actions of one former officer do not define or reflect our police department as an organization," Mitchell said.

Jaen allowed to get disability

It's not clear what effect — if any — this will have on Jaen's medical retirement.

The Tempe Police Public Safety Personnel Retirement System Board unanimously voted to award Jaen early accidental disability retirement in early January.

An accidental disability is one that occurred while the employee was on the clock and permanently prevents the employee from doing his or her job. Both physical and mental conditions can qualify.

The city has declined to disclose to The Arizona Republic what Jaen cited as the physical or emotional disability sustained on the job that rendered him unable to perform his duties, citing medical privacy laws.

In the lawsuit filed by the Arce family, Ortega said the city was aware Jaen — who was a member of the Army National Guard — suffered from PTSD prior to the shooting.

Moir declined to comment on these allegations during the press briefing. Jaen's resignation letter provided to The Republic in response to a public records request was redacted and did not provide a reason for his resignation.

What do you think of the decision? Let public safety reporter Bree Burkitt know at bburkitt@republicmedia.com or at 602-444-8515. Follow her on Twitter at @breeburkitt.

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