ROGERS, Ark. — On Sept. 18, the Arkansas State Police (ASP) announced that a trooper was cleared of wrongdoing in the July 27 shooting of a man who allegedly resisted arrest and assaulted her during a traffic stop on I-49 in Rogers.
Alongside the announcement that Benton County Prosecutor Joshua Robinson will not be pursuing charges, ASP released dashcam footage of the chase, shooting, and arrest.
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According to ASP, on July 27, ASP Trooper Alexandria Duncan attempted to pull over 26-year-old Angel Zapet-Alvarado around 7:45 p.m. for "traveling at a high rate of speed in heavy traffic."
Once Trooper Duncan approached his vehicle, ASP said Zapet-Alvarado resisted and refused to exit the vehicle. In the video, Duncan can be seen approaching the vehicle, immediately opening the door, throwing his keys, and attempting to remove Zapet-Alvarado from the driver's seat.
The footage released by ASP depicts a struggle between Duncan standing beside the driver's side with the door open, and Zapet-Alvarado inside the vehicle. Then Duncan is seen pulling Zapet-Alvarado out of the car and to the ground while tasing him.
Zapet-Alvardo does not speak fluent English, according to his lawyer Aaron Cash with the Herrera Law Group NWA.
In the video, Zapet-Alvardo refuses to get on his stomach, repeatedly asking "Why?"
Then he can be seen wrestling the trooper for a few minutes until another woman arrives on scene to assist the trooper.
"Zapet-Alvarado wrestled the trooper’s taser from her hands and threw it into interstate traffic," ASP said in a press release.
The woman retrieved the taser on the highway after Duncan can be heard giving her the directive to do so.
Zapet-Alvardo eventually overtook Duncan, and that's when the bystander jumped on top of him to help.
"We're never going to direct a civilian to put themselves in harm's way again. That's our job, to put ourselves between harm and the citizens. But in a situation like this, she saw someone in need, and she stopped to help. She put herself in that situation," Col. Mike Hagar, director of the Arkansas Department of Public Safety, said.
After regaining control, Duncan ordered the woman to move before she pulled out her service weapon and fired at Zapet-Alvarado, wounding him in the right temple.
"Zapet-Alvarado did not use a weapon, strike the trooper, overpower her, or grab her firearm," according to Cash, who also said the Trooper told authorities Zapet-Alvarado put the car in the drive during the struggle, despite the video not showing the taillights change after the car is parked. "The reverse lights are visible when he initially puts the car in park, and they never come on again."
The suspect was transported to a nearby hospital for his injuries. He has been released and was transported to the Benton County Jail.
Hagar said Zapet-Alvarado had a blood alcohol level of twice the legal limit.
"Toxicology results indicate his blood-alcohol was .16 and that cannabinoids were present," ASP said in a release.
According to Hagar, the suspect is an immigrant from Guatemala. He is facing a second-degree battery charge and has been placed on hold for Homeland Security Investigation (HSI). Additional charges are pending.
"We now know that all of her instincts were correct and that the suspect was twice the legal limit in blood alcohol, and also had other intoxicating substances in his blood system," Hagar said. "I can see where someone may question the tactics that were used, but for any police officer or state trooper that watched that video, and they take in the totality of the circumstances, it's completely understandable to them why she did what she did."
Robinson sent a letter to 5NEWS explaining his decision to not pursue charges against Trooper Duncan, where he said his ethical responsibilities prevent him from filing a criminal charge "unless there is a reasonable likelihood of conviction."
ASP said the officer had non-life-threatening injuries from the incident.
ASP originally sent an edited version of the dashcam footage, that cut out a moment after the shooting when Trooper Duncan throws her hat onto the front of the car, blocking the camera's view of Zapet-Alvarado. The hat continues to block a section of the camera for the rest of the footage.
On Sept. 23, Zapet-Alvarado pleaded guilty to reckless driving and driving while intoxicated. He was sentenced to 58 days which is time he's already served. However, he is still in custody for Homeland Security's investigation.
Dashcam footage:
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