PHOENIX — The Phoenix police officer who shot and killed an Ahwatukee man last year has been reinstated, according to Phoenix police.
Ryan Whitaker, 40, was shot and killed by Officer Jeff Cooke during a domestic disturbance call at his apartment in May 2020.
In a statement issued Thursday night, the department said the Civil Service Board ruled to reinstate Officer Cooke. Police say the board's ruling is binding and the department acknowledges the board's authority in the matter.
It's unclear at this time whether Cooke will have the same position he held before the high-profile shooting.
Body camera footage from the shooting showed Whitaker answered the door with a gun but looked like he tried to put the gun down before being shot.
In January, Maricopa County Attorney Allister Adel said no criminal charges would be filed in Whitaker’s death.
"When terrible things like this happen, we naturally want to find out who was right and who was wrong," Adel's statement read. "Mr. Whitaker is dead and he shouldn’t be. It is natural to try to find who is at fault; we want to assess blame."
Adel's charging decision said when Whitaker came out the door with a gun in his hand, it was reasonable for the officers to conclude that he meant them harm.
"Officer Cooke’s conclusion, while inaccurate in hindsight, was not unreasonable in the moment and was, therefore, not a crime," Adel's decision read.
A notice of claim was filed by Whitaker's family in November 2020 naming the City of Phoenix, Chief Jeri Williams, and the two officers involved. The family claimed the city was "reckless" and "unjustified" in shooting and killing Whitaker.
The Phoenix City Council voted 9-0 in December to pay $3 million to Whitaker's family.
In July of 2021, a spokesperson with Phoenix police told 12 News the Use of Force Board reviewed the shooting in May 2021 and decided the shooting was “within policy.”
However, a spokesperson told 12 News, “After extensive review of the totality of the circumstances, Phoenix Police Chief Williams notified Officer Cooke of the intent to move forward to end his employment.”
What is the Civil Service Board?
According to the city website, the board hears appeals of disciplinary demotions, discharges, and suspensions of employees and meets once per month on the second Thursday in the City Council Chambers.
The board consists of five members who are appointed by the City Council.
A board spokesperson tells 12 News that Officer Cooke chose to have a private hearing with board members.
Former Phoenix Assistant Police Chief Andy Anderson says the board's review of the case beyond what is witnessed in a body-worn video of the incident.
“What did the officer know? What was the radio call that came in? What information did they have when they went to that door? What was the officer thinking? What did he perceive at that time?" said Anderson.
"The supreme court has said for years that officers do not have to be correct; they have to be reasonable," said Anderson.
The shooting:
Ryan Whitaker was killed on May 21, 2020, as police say they were responding to a domestic violence call.
A caller told a 911 dispatcher there appeared to be a domestic violence situation at an apartment complex near Chandler Boulevard and Desert Foothills Parkway.
“I can tell they’re at each other’s throats down there,” the caller said.
A while later, the person called back a second time.
“Does it sound like it’s escalated to anything physical or does it just sound verbal,” a dispatcher asked the caller.
“Oh it could be physical, I could say yeah if that makes anybody hurry up,” the caller said.
In the police report, Whitaker’s girlfriend “emphasized there was no altercation between the two of them.” But said the pair were playing video games.
When police arrived, the edited footage released by Phoenix police shows an officer knocking on the door and yelling out “Phoenix police.”
Whitaker is seen opening the door with a gun in his hand. Phoenix police reports say Whitaker came out of the door “aggressively.”
It’s just seconds before Officer Jeff Cooke shoots Whitaker.
A family left grieving:
Since Ryan was killed, the family has been searching for answers and seeking transparency from Phoenix police.
“It’s like it happened yesterday,” Ryan's dad Alan said. “We’re still in shock, we’re still in deep pain, still wondering why still asking questions and not getting answers.”
The family settled with the city for $3 million in December.
“It wasn’t about the money, it was more I need to move my family forward, and I thought that would do it,” Alan said.
“We’re talking about somebody who respected the law, loved the law, who would have backed up the law,” Ryan's mom Ellie said. “That’s why we couldn’t even believe it.”
The Whitaker family told 12 News, they learned of the decision through the media and not from city officials.
“I’d rather not have any police officer show up than to have him show up,” said Alan Whitaker, Ryan's father.
The family settled with the city for $3 million in December.
"In what profession do you get to make a mistake that cost your employer $3 million dollars and a human life; a life that mattered and still get to keep your job," said Katie Baeza, Ryan's sister.
The family says they are meeting with city officials including Chief Williams next week.
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