No charges will be filed against Winslow Police Officer Austin Shipley in the shooting death of Loreal Tsingine that occurred nearly four months ago.
“After a careful review of the facts surrounding this case, including available video evidence and witness statements from all involved, my office has found no evidence of criminal conduct on the part of Officer Shipley,” stated Maricopa County Attorney Bill Montgomery, whose agency reviewed the investigation conducted by the Arizona Department of Public Safety (DPS).
The incident occurred on the afternoon of Easter Sunday, March 27, 2016, after Winslow police responded to a reported shoplifting incident at a Circle K convenience store. While looking for a suspect, Officer Shipley located Tsingine walking west on West Fourth Street in Winslow within proximity to the Circle K. Shipley attempted to detain Tsingine, who reportedly would not comply with orders. While resisting arrest, she was taken to the ground.
According to the investigation, the officer saw that Tsingine was holding scissors, which she swung at him. He then retreated with his duty weapon drawn and gave multiple commands for her to stop and drop her weapon. She did not comply, but instead got up and “aggressively advanced” on the officer with scissors in hand. Officer Shipley discharged his weapon five times and the suspect was pronounced dead at the scene.
In a press conference held July 22 at the Winslow City Council Chambers, City Manager Steve Pauken stated that the city will stand by the decision made by the Maricopa County Attorney’s Office, but that city officials had not yet received a copy of the DPS investigation report or any evidence collected from the incident, including video from Shipley’s body camera or any photos that were taken.
“The city’s position on this matter has been consistent throughout the investigation that we would respect and abide by the determinations of the DPS investigation and the county attorney’s decision. However, as you can tell, the city is still a long way from being finished with its work, and expects the internal affairs investigation and the organizational review to be completed sometime in 2017,” stated Pauken. Shipley remains on administrative paid leave pending the outcome of an internal affairs investigation by the Mesa Police Department. Pauken stated that he had no timeline as to when that would be complete.
Pauken also noted that the city council approved the hiring of an interim director to serve in the department once Chief Steve Garnett retires from office in August.
“An organizational review will be conducted by Tom Wilson of the Police Executive Research Forum in Washington, D.C. We will also continue to work in cooperation with the Mesa Police Department, the community and the Navajo Nation to find solutions of mutual interest,” said the city manager.
Also present at the press conference were Mayor Robin Boyd, Police Chief Garnett and his top four officers, Lt. Ken Arend, Sgt. Quintin Hayes, Sgt. Eugene Toliver and Lt. James Sepi, none of whom addressed the public.
Tsingine’s family has filed a $10.5 million wrongful death lawsuit against the city, stating that it was negligent in hiring, training, retaining, controlling and supervising Shipley, who was on probation at the time of the shooting for an incident a month earlier involving excessive use of force by deploying his Taser. He was also disciplined in 2013 for making inappropriate comments to a female during an incident. In that incident he was suspended for a day without pay and assigned to attend mandatory diversity training.
The claim names the City of Winslow, Shipley and Garnett as defendants.
Tsingine’s husband Michael Tsingine and 8-year-old daughter Tiffany Robbins are the claimants.
