On Monday December 7, 2015 Cochise County Chief Criminal Deputy County Attorney provided a written response to a Cochise County Sheriff’s Office case regarding an officer involved shooting.
David Miguel Diaz was killed on October 3, 2015 after he was contacted by law enforcement officers in response to a domestic dispute which occurred in the Hereford area. According to the Cochise County Sheriff’s Office, “Diaz directly engaged the police by firing in the windshield of a marked police vehicle and Sierra Vista Police Corporal Wolfe fired one shot which killed Mr. Diaz. The County Attorney advised that under the circumstances, this action was legally justified.”
The Cochise County Sheriff’s Office conducted the investigation into this incident and submitted the report to the Cochise County Attorneys’ Office for review.
The letter received from the County Attorney states in part, “Corporal Wolfe’s use of deadly physical force against David Miguel Diaz was legally justified. There is no evidence to support a crime occurring or any other conclusion. After a multiple agency pursuit based upon a Domestic Violence incident earlier in the evening, Mr. Diaz parked his vehicle in an empty parking lot in Sierra Vista. During the course of the pursuit, Mr. Diaz had brandished a long gun at the pursuing vehicle. After coming to a stop, Mr. Diaz continued the confrontation and continued to use weapons to include firing on a police helicopter. During the stand-off which ensued, Mr. Diaz was given every opportunity to surrender and bring the situation to a peaceful end. The officers involved showed remarkable restraint given the fluid and violent situation unfolding before them. Given Mr. Diaz’s repeated violent engagements with law enforcement that evening and the numerous opportunities he was afforded to end the conflict peacefully prior to him shooting directly at the officers on the ground, Corporal Wolfe acted fully within the law.”