PHOENIX — The death of Dion Johnson has led to protests and demands for more transparency.
Police say Trooper George Cervantes found Johnson passed out drunk in his car near Loop 101 and Tatum on Memorial Day. There was a struggle that led to Cervantes shooting Johnson, who died after being transported to a hospital.
Law enforcement expert Stan Kephart says he thinks Trooper George Cervantes was facing a lose-lose situation when he came upon Dion Johnson's car, blocking traffic.
"Do I sit here and wait for backup without knowing when they’re going to come?" Kephart says about the case. "In the meantime, he starts the car up and leaves and I’m responsible for whatever happens after that, knowing I was there. Or do I approach the car and see if I can’t talk this guy down and get him out of the car so I can handcuff him?"
Cervantes told police he found Johnson passed out drunk in his car. In a police interview, he said he removed a gun from the passenger seat and went back to his motorcycle to wait for backup. Then he saw Johnson starting to move.
"He was forced to go up and to try to attempt to arrest the person, which put him in a terrible position," Kephart says.
When Cervantes went back to arrest Johnson, he told investigators he was able to put one handcuff on Johnson's left hand and struggled to restrain the other. He says he drew his gun and Johnson stopped moving. When he went to holster his gun, he says Johnson grabbed a hold of his vest. That's when he says he fired two shots.
"And I think awakening a person who’s under the influence of alcohol and drugs is problematic," Kephart explains. "An officer never knows."
The police report says multiple witnesses driving by observed a struggle between Trooper Cervantes and Johnson.
Cervantes tells police it got to a point where he feared for his life and that he’d be kicked into traffic before he pulled the trigger.
"Those are real fears," Kephart says.
After Johnson was shot, police say Cervantes and another responding trooper were able to restrain him and put him on the ground. They called in the fire department after clearing the scene.
Johnson was taken to Honor Health Deer Valley, where he was pronounced dead. An investigation report revealed Johnson had drugs in his system like meth and fentanyl and also had a BAC of 0.18.
But Johnson’s family attorney doesn’t trust Cervantes’ word.
"There's a discrepancy in time," Jocquese Blackwell explains.
DPS radio traffic shows Cervantes never mentions Johnson having a gun in the car. The report also shows that another trooper watching this all unfold over an ADOT live feed, says he only sees Cervantes go from the passenger side, right to the drivers’ side before they start to struggle.
And then there’s trooper Cervantes’ DPS record. DPS says Cervantes has had 13 complaints in his 15 years with the Department. Some were unfounded, but four were ultimately sustained.
Records from a personnel file released by DPS show Cervantes admitted to using his DPS taser on his family’s puppy and that he used his work car to print a threatening note to leave on an ex’s car.
"Given the fact he’s still a trooper," Kephart explains. "Given the fact they decided to keep him after an investigation. I can only conclude that they did so with the knowledge and understanding that he was a valuable employee that they wanted to mentor and coach in a direction that would be positive for the public."
All of the records from the investigation were sent to the County Attorney’s office, which will decide whether or not Cervantes will face any criminal charges in this case.
