No charges to be filed against Winslow officer in Loreal Tsingine's death

No charges will be filed against a Winslow police officer who shot a 27-year-old Navajo woman in Winslow on Easter Sunday, Maricopa County Attorney Bill Montgomery announced in a statement Friday.

Winslow Officer Austin Shipley fired five times and killed Loreal Tsingine on March 27 after responding to a report of a convenience-store theft. Tsingine brandished a pair of scissors after she was accused of shoplifting at a Circle K, Winslow police said.

"After a careful review of the facts surrounding the case, including available video evidence and witness statements from all involved, my office found no evidence of criminal conduct on the part of Officer Shipley," Montgomery's statement said.

Shipley will remain on paid administrative leave pending the outcome of an internal-affairs investigation that will be conducted by the Mesa Police Department, the city of Winslow announced Friday.

The death of Tsingine, 27, drew an immediate outcry, leading to a vigil outside police headquarters and strained relations between the city and Native Americans. The Navajo Reservation borders Winslow.

The Arizona Department of Public Safety investigated the shooting at the request of the Winslow Police Department.

The investigative report was then turned over to the Maricopa County Attorney's Office for an independent prosecutorial review at the request of the Navajo County Attorney's Office. The DPS had no comment on any investigative findings.

"The city’s position on this matter has been consistent throughout the investigation; that we would respect and abide by the determinations made in the DPS investigation and the county attorney’s decision," the city said in its statement Friday.

"However, as you can tell, the city is still a long way from being finished with its work and expects the IA and the organizational review to be completed sometime in 2017."

City Manager Steve Pauken said city officials would have no further comment Friday.

Robert Pastor, an attorney who represents the Tsingine family in a $10.5 million notice of claim against the city, issued a statement in response to Montgomery's decision.

"Although one criminal prosecutor has made his decision regarding criminal liability, there are many questions that have yet to be answered," the statement said.

The civil claim could have a different outcome, he said.

"The county attorney made his decision knowing that to convict someone of a criminal act, the prosecution must prove its case beyond a reasonable doubt. The civil-justice system requires proof by a preponderance of the evidence, which is 50 percent plus the weight of a feather.

"We are confident that the citizens of Arizona will see that the city of Winslow and its officer were negligent and that we will obtain some measure of justice for Loreal and her family."

'Aggressively advanced ... with scissors in hand'

Winslow police said when Shipley confronted her, Tsingine wielded scissors and Shipley fired his weapon because he felt that his life was threatened.

According to Montgomery's statement, Winslow police received several calls from the Circle K  on the afternoon of March 27 of a woman shoplifting and harassing store employees and threatening a clerk with scissors. By the time officers arrived, the woman had left the store. Officers began to search, and Shipley located her walking west on West Fourth Street.

Shipley attempted to detain her, but the woman did not comply with orders and resisted arrest. He took her to the ground, the statement said. She swung the scissors at him.

"He then retreated, with his duty weapon drawn, and gave multiple commands for the suspect to stop and drop her weapon," the statement said. "She did not comply but instead got up and aggressively advanced on the officer with scissors in hand."

Shipley then fired his weapon.

Montgomery's office would have no further comment beyond the statement, spokeswoman Rebecca Wilder said.

Reaction and repercussions after the shooting

A witness to the shooting, Rynale Benally, disputed details about what happened — including saying he didn't see any scissors.

In the aftermath of the shooting, the Navajo community called for a federal investigation, citing ongoing discrimination from the agency.

In May, a U.S. Department of Justice mediator facilitated a meeting with members of the Navajo Human Rights Commission, the police department and other city and community members.

A day afterward, Winslow officials announced two initiatives in an attempt to bridge relations with Native Americans. They said they would start looking at ways to reduce the number of liquor licenses in the city and take steps to ensure staff members attend tribal chapter house meetings. Chapter houses are communal meeting places on the Navajo Reservation where residents can express their opinions to tribal leaders.

The initiatives were announced at the same time officials confirmed that Stephen Garnett, the city's longtime police chief, would retire in August. At that time, an interim chief will take over and a consultant brought in to review the department.

"We want to express our appreciation to the Arizona Department of Public Safety and the Maricopa County Attorney for stepping forward to conduct independent reviews of the incident. 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," the city said in a statement Friday.

$10.5 million claim accuses city of ignoring warning signs 

On July 1, Tsingine's family filed a $10.5 million notice of claim against the city. The wrongful-death claim alleges that Shipley violated Tsignine’s civil rights and contends the city “uniformly ignored warning signs that Austin Shipley was a threat to the public.”

The claim accused the city of being negligent in hiring, training, retaining, controlling and supervising Shipley.

The claim names the city of Winslow, Police Chief Garnett and Shipley as defendants. Tiffany Robbins, Tsingine’s 8-year-old daughter, and Michael Tsingine, her husband, are the claimants.

Attorney Pastor is seeking $8.5 million for Robbins and $2 million for Michael Tsingine.

He said Friday's statement was issued on Tiffany's behalf.

"One thing we know for certain, the city of Winslow was warned well before Loreal was killed that Austin Shipley was too quick to go for his gun and that instead of protecting the citizens of Winslow, he believed it was his job as a police officer to harass the people he was paid to protect," the statement said.

"Loreal Tsingine deserved to be protected by the city of Winslow. Instead, the city of Winslow allowed a poorly trained, over aggressive police officer to kill her for what amounts to shoplifting. Loreal deserved the same due process Officer Shipley was afforded before he killed her."