The shooting and killing of a man in a Walmart parking by Flagstaff police last year was deemed justified by the Navajo County Attorney’s Office on Wednesday.
The office stated that the actions of officers William Condon, Dustin Hemp and Ryan Sherf were justified when they shot and killed Sean Brady after he fired his weapon at them multiple times while the officers were responding to reports of Brady brandishing a weapon.
The 11-page document submitted by the county attorney’s office states that “while the actions of officers, Condon, Sherf and Hemp resulted in the death of Sean Brady, their actions were legally justified under Arizona law. Furthermore their actions were justified under Graham and Clary. Therefore no criminal violation was committed by any officer involved in this incident.”
The case was delegated to Navajo County to avoid a conflict of interest in Coconino County.
Arizona Revised Statute states that an officer may use deadly force when circumstances create a reasonable fear of death or serious bodily injury.
Flagstaff Police spokesman Sgt. Cory Runge said in October that the dispute stemmed from an argument about Brady playing loud music in the parking lot when people who were sleeping there asked him to turn down the volume. Brady refused and pulled out his gun.
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When officers arrived, Brady was inside his truck. Officers asked Brady to show his hands and exit the truck. At that point, Brady pulled out a handgun and fired at one of the officers, missing him, Runge said.
Body camera footage from one of the officers shows the officer asking Brady to turn off his vehicle several times before Brady fires at officers.
The officer and two backup officers returned fire multiple times each, Runge said. The truck rolled forward and collided with a light pole, Runge said. Officers formed a perimeter around the truck until the SWAT team could arrive to approach the vehicle safely.
Brady was removed from the truck and pronounced dead on the scene.
In the vehicle, officers found two rifles, a handgun, boxes of ammunition and several used casings, Runge said.