Utah County Attorney Jeff Gray said the case will be screened by the attorney’s office executive team to determine whether the evidence supports filing criminal charges. 

On Oct. 17, 2024, nearly an hour into a traffic stop, an officer fired two shots at Fernando Valenzuela as he began to drive away from police attempting to arrest him at gunpoint, according to the attorney’s office.

Valenzuela drove away from the scene, then abandoned his car and fled on foot, after which he was located by a helicopter crew hiding in a dry canal and arrested and transported to the hospital, the attorney’s office said.

In a document released last month, Gray cited Utah code that said an officer is only legally justified in a shooting if they “reasonably believe that deadly force is necessary to prevent the arrest from being defeated by escape;” and either have “probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury;” or “probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to an individual other than the suspect if apprehension is delayed.'”

Gray said the officer had reason to believe Valenzuela was armed and dangerous because he had learned the man had been found with a gun at a traffic stop five years ago, was being investigated for drug trafficking and “may have in the past fought with a police officer.”

He said the suspicion justified a search of Valenzuela and a limited search of his vehicle for weapons.

However, Gray concluded that Valenzuela’s “ambiguous responses” to police command and his decision to flee did not create probable cause that he was going to use a weapon against the officers or drive toward the officers or others.

“Instead, Valenzuela’s act in driving away diminished the threat to officer safety; it did not heighten it,” Gray said. “I thus conclude that (the officer’s) use of deadly force was not justified.”

Gray added that the officer did not exhibit ill will towards Valenzuela during the traffic stop, and that when it was suggested he arrest Valenzuela for not showing identification, he declined.