RALEIGH, N.C. (WNCN) – No criminal charges will be filed following a fatal Raleigh officer-involved shooting from January, court documents released Wednesday said.
Just after 1:30 p.m. on Jan. 11, Jose Daniel Argueta Turcios was involved in a crash that saw his vehicle overturn that eventually led to him wielding a knife at Raleigh police officers.
Police initially said once they arrived on scene and tried to help one of Turcios’ sons, who appeared to have an abrasion on his head, they were alerted Turcios had a knife.
Three officers drew their guns while giving Turcios commands to drop his knife. However, Turcios told them “no” and also refused to give it to his wife, who had been riding in the vehicle with him and their two sons.
When Turcios didn’t comply an officer on scene used his Taser on him resulting in Turcios falling to the ground.
A police report claimed as officers tried to get control over Turcios’ hands, he swung his knife toward officers, nearly making contact with one of the officers, Officer Begin. The report also said, at this point, Officer A.A. Smith fired his weapon twice causing Turcios to drop to the ground in order to prevent him from moving toward Begin, and other officers.
But, Turcios moved toward a different officer, Officer Smith, who then fired his weapon three times.
Turcios was taken to the hospital in handcuffs. He later died of his injuries.
Wednesday’s report concluded that the firing of the weapons to protect the public were warranted.
“Raleigh Police Officers responded to reports of an accident where witnesses and the scene showed evidence of reckless driving that endangered the public by Mr. Turcios. Mr. Turcios was acting erratically, wielding a knife and refusing to follow officer commands even as additional commands even as additional civilians on scene pleaded with him in Spanish to do so. Under these circumstances, the use of non-lethal force by way of deploying a taser was not in violation of N.C.G.S. 15A-401. Subsequently as officers surrounded Mr. Turcios who was on the ground and attempted to take him into custody, Mr. Turcios was able to maintain control of the knife in his possession and violently swung it at officers while attempting to get up coming in close contact with the kn9ife with more than one officer. Based on these facts, the use of deadly force in that moment by the Raleigh Police Officer was not unlawful. Therefore, no criminal prosecution is appropriate.”
The report also fully detailed an investigative summary, officer and witness interviews, an autopsy synopsis and the analysis and conclusion.
A toxicology report showed Turcios did not have any controlled substances in his system at the time of his death.