Arizona DPS Officer Will Not Face Charges In Dion Johnson's Death

PHOENIX — The Maricopa County Attorney announced Monday it will not seek charges against the Arizona Department of Public Safety officer who killed Dion Johnson, an unarmed Black man, on May 25 in Phoenix.

Allister Adel, who was appointed to be county attorney in 2019, announced the charging decision at a Monday news conference. She said the decision required her office to prove beyond a reasonable doubt that the officer was not afraid for his life when he shot Johnson.

"That's something that can't be done under the facts in this case," she said. "Instead the evidence, in this case, shows the trooper was attempting to effect the arrest of an impaired driver."

The shooting was investigated by the Phoenix Police Department and was sent to Adel's office for review in July.

DPS Trooper George Cervantes told Phoenix Police Department detectives investigating the incident that he came upon 28-year-old Johnson asleep at the wheel of his car on the Loop 101 freeway near Tatum Boulevard early on Memorial Day. Cervantes told police he smelled alcohol and spotted empty containers in the car, along with a gun.

Cervantes told investigators he removed the gun and placed it in the saddlebag of his motorcycle as he waited for back-up to arrest Johnson for driving under the influence. He said he attempted to remove the key from Johnson's car but was unable to do so. He told detectives he then spotted movement and moved to arrest Johnson before back-up arrived because he feared Johnson would leave the scene and endanger others while presumably under the influence.

Cervantes told Phoenix police that he placed one handcuff on Johnson's wrist and a struggle ensued. He said he was afraid he would be pushed into oncoming traffic so he pulled his gun on Johnson and threatened to shoot, which appeared to deescalate the situation. Cervantes said he went to return his holster when Johnson reached with one hand for his vest and the other went for his gun. According to Cervantes' account during the investigation, Johnson then pulled him partially into the car and Cervantes fired his weapon twice in what he said was self-defense, shooting Johnson.

Adel said she and the Phoenix police officers did not simply take the trooper at his word. Multiple eyewitnesses, 911 calls and radio communications between Cervantes and another trooper corroborated his story, she said. A 911 caller told operators that Cervantes was struggling with Dion and tried to restrain him moments before the officer shot and killed him. Another said it looked like the officer was in distress, Adel said. Cervantes also immediately called for emergency medical services after Johnson was shot.

But Cervantes and his back-up trooper were not wearing body cameras. During the press conference, Adel pledged her support to equip Arizona law enforcement agencies with the cameras, calling it "a matter of public concern."

A spokesperson for the Arizona DPS told Patch they did not have a comment.

Julie Gunnigle, a Democrat who is opposing Adel to become Maricopa County Attorney Nov. 3, released a statement shortly after the news conference.

“We will never see equal justice under the law so long as County Attorneys like Allister Adel fail to uphold their obligation to the Constitution," she said. "Her decision today was an act of cowardice and the family of Dion Johnson deserves better. We should all demand swift reforms that require transparency, accountability, and community partnerships to ensure this never happens again.”

Johnson eventually died from his injuries at a nearby hospital. He died on the same day George Floyd was killed by police officers in Minneapolis, sparking weeks of protest against police brutality in Phoenix and throughout the Valley.