The Maricopa County, AZ, Attorney’s Office has
cleared Officer Walter Knox of the Mesa Police Department of any
potential charges in connection with a shooting tied to what began as a
routine traffic stop on March 17, 1999. Knox, working as a motorcycle
officer with the East Valley DUI Task Force on St. Patrick’s Day,
stopped a vehicle driving after dark with no headlights. Upon contacting
the driver, Knox observed clues which indicated possible drug use.
Noting the nervousness of the driver and passengers, the officer became
concerned that the driver posed a flight risk.
The vehicles were stopped in a residential
neighborhood and any attempt to flee would have posed an immediate
threat to persons in the area. In an attempt to prevent the driver from
fleeing, Knox quickly reached over the steering wheel to pull the keys
from the ignition. At that moment, the driver slammed the car into gear
and pulled away, pinning Knox’s arm and dragging him with his legs
extending under the vehicle. In order to avoid being dragged to death or
crushed under the wheels of the fleeing vehicle, Knox used his service
weapon to fire a single round downward at the driver’s side. The round
struck and fatally wounded the driver causing the vehicle to come to a
stop within approximately 40 feet.
Officers began responding to the scene immediately.
Sergeant Kelvin Smith, past president of the Mesa Police Association,
was one of the first officers at the scene and contacted PORAC panel
attorney Peter A. Thompson. Attorney Thompson, of the law firm Evans,
Thompson & Dove, P.L.C., has responded to scenes and acted as
counsel to officers of the Mesa Police Department involved shootings and
critical incidents over the last 13 years. Smith and Thompson were on
scene just as, or even before, the first detectives from the department
arrived. Knox requested to speak with the LDF attorney prior to
participating in the investigation. After consultation with counsel, the
officer elected to give a statement to investigators. He was represented
by counsel throughout the investigation.
As with all critical incidents, a representative of
the Maricopa County Attorney’s Office was present to review the
shooting for possible charges against Knox. Subsequent reviews by both
the Maricopa County Attorney’s Office and the Internal Affairs Unit of
the Mesa Police Department have cleared Knox of any possible charges or
violation of policy. As a result of the incident, Knox sustained
injuries to his shoulder, elbow and left knee in the incident. The
family of the decedent has served a Notice of Claim, the first
step towards a civil lawsuit, against Knox.