Deputy cleared in fatal shooting

Prosecutor: Knife-wielder left officer no other choice

FAYETTEVILLE -- The Washington County prosecuting attorney has decided that a sheriff's deputy was justified in killing a man who approached him with a knife outside a tire store in December.

Cpl. Brad Robinson shot and killed Benjamin Ortiz on Dec. 21 at Tire Tracks on South School Avenue in Fayetteville after Ortiz made threatening moves with a knife toward Robinson, police said. After the shooting, police found a suicide note in Ortiz's backpack.

"After reviewing the video, witness statements and other materials, it was clear he was justified in his actions," Prosecuting Attorney Matt Durrett said of Robinson. "He had no other choice."

The Fayetteville Police Department had investigated the shooting and had turned its findings over to Durrett for review.

An internal Washington County sheriff's office investigation last week cleared Robinson, and he returned to work.

Ortiz, 25, of Las Vegas drew a fixed-blade knife from his backpack and approached the deputy at 1:52 p.m. outside the store, police said. Ortiz did not respond to commands to drop the knife and lunged several times at Robinson, according to a news release.

Robinson tried to retreat, but eventually fired his gun twice, hitting Ortiz in the torso, according to the release. Ortiz collapsed, and Robinson attempted first aid, police said.

Ortiz left a note in his backpack indicating "his intentions towards suicide, and instructions to friends and family as to what to do after his death," according to the release. Ortiz was in the area visiting his sister.

Shooting scene photos showed Ortiz lying on his back in front of the bay door where Robinson's vehicle was being serviced, according to the sheriff's office investigation. Ortiz had two bullet wounds: one in the center of his chest, the other in the upper right pectoral muscle area near the shoulder.

The knife Ortiz was holding was found near his body. It appeared to be a kitchen knife with a black handle, and approximately 6 inches long, according to the investigation conclusions.

Robinson, who has been a deputy since 2005, hasn't been involved in a similar case, said Kelly Cantrell, sheriff's office spokesman.

Metro on 01/13/2017

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