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Gascón says officer-involved shooting was lawful

Gary Grado, Tribune

November 15, 2007 - 2:41PM

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A young woman and small child peer out their security door at the Spanish Arcos apartment complex in Mesa as police officers search the complex following an officer involved shooting at the location.

A young woman and small child peer out their security door at the Spanish Arcos apartment complex in Mesa as police officers search the complex following an officer involved shooting at the location.

Ralph Freso, Tribune

A Mesa police officer is bathed in color from a swarm of police cruiser lights as he stands in a triangle of crime tape outside the residence of an apartment at the Spanish Arcos complex in Mesa.

A Mesa police officer is bathed in color from a swarm of police cruiser lights as he stands in a triangle of crime tape outside the residence of an apartment at the Spanish Arcos complex in Mesa.

Ralph Freso, Tribune

Mesa police chief George Gascón said Thursday that the shooting of a 20-year-old, knife wielding man was lawful.

VIDEO: Mesa police discuss fatal shooting

“There is no indication at all our officers did anything wrong,” Gascón said.

About 8:30 p.m. Wednesday, Jaime Gaeta Somoel came to the door of an apartment at 220 W. 10th Avenue waving a hunting knife with a five-inch blade at officers who responded to a domestic violence call, Gascón said.

Officers had entered the apartment, but retreated as Gaeta came toward them aggressively in a confined area.

An iron pool fence stands the width of a sidewalk away from the door of the apartment.

Anna Gutierriez, 27, who lives four doors from Gaeta, said she heard three shots and when she looked outside saw the officers and Gaeta’s mother standing outside, but she couldn’t see Gaeta.

Police responded to the scene after receiving a call of a family fight.

Gascón said a neighbor called to report that a woman was bleeding.

Police found Juanita Gaeta Robles, Gaeta’s mother, bleeding from the nose.

Gascón said Gaeta was yelling at officers in English, so there was no language barrier as officers told him to drop the knife.

Officers were within their rights to respond with deadly force rather than stun guns or other non-lethal weapons since Gaeta was armed, Gascón said.

“A knife is deadly force,” he said.

Officers have been to the apartment before on domestic-related calls, Gascón said.

Gutierrez, who has lived there for several years, said Gaeta and his mother have lived there about six months.

She said she hasn’t seen any problems at their apartment and that the complex is very tranquil.

A check of local courts did not reveal any criminal cases involving Gaeta. Gascón said an autopsy will reveal whether Gaeta was drunk or on drugs.

Thursday’s fatal shooting was the second in 11 days for Mesa police.

On Nov. 4, officers responded at midnight to a home in the 6600 block of East Holiday Drive, where they confronted Barry Recker, 44, who had a handgun and was knocking on the door where his ex-girlfriend lives.

Police say they shot after he refused to drop his gun.

Gascón said a preliminary finding from Recker’s autopsy was that he shot himself and was shot once by police.

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