Franklin County Prosecutor’s Office agrees with officers’ use of force in 2020 shooting

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PASCO, Wash. — The Franklin County Prosecutor’s Office is releasing preliminary findings in its investigation into a murder and officer-involved shooting suspect from 2020, Miguel Montalvo. He and his cousin were being investigated by the Pasco Police Department in May 2020 as suspects in an earlier murder when an officer-involved shooting occurred, according to the press release prepared by Prosecuting Attorney Shawn Sant.

“Our office typically avoids releasing information on pending charges but due to the age of this matter and the public’s interest relating to officer use of force cases, our office determined it was necessary to release limited findings,” said Sant.

Both Miguel and Juan Montalvo were wanted for an April 2020 homicide. Within weeks, PPD investigation was narrowing in on their location, according to Sant’s report. The cousins were also suspected of other violent crimes from May 17, 2020, before the officer-involved shooting occurred.

That day, Pasco Detective Joshua Glass and PPD Officer Eric Fox observed a home they believed the Montalvos were in. The two officers drove up to the home on N 12th Ave in two separate cars, one unmarked, and watched the home, according to the press release. The officers report that the Montalvo cousins left the home and walked toward the alley. When asked to show their hands, Sant reports that body camera footage shows the two men turned toward the officers before gunshots are heard.

Glass and Fox shot back at the Montalvo cousins, hitting them both several times. Juan Montalvo died at the scene, according to the press release. He was reportedly wearing body armor. Miguel Montalvo was treated at the hospital, then released to police custody. Investigators report that two bullets had hit the detective’s windshield and one hit the bumper and deflated the tire. The bullet in the tire was matched to the gun Miguel Montalvo used, according to Sant.

“After reviewing the evidence in this case including the [body camera] footage capturing the armed assault upon officers, our office determined Officer Glass and Officer Fox took reasonable and necessary action to stop the armed threat,” said Sant in the press release. “The officers responded with lethal force to stop the threats of grave danger and such actions were necessary to preserving their lives and the lives of other residents in the area. The Franklin County Prosecutor’s Office finds the officers were justified in their use of lethal force under the facts and circumstances of this case.

“The surviving suspect has been charged with crimes related to this case. The Defendant is presumed innocent of any charges until the case is adjudicated in court. This case continues in Franklin County Superior Court.”

Miguel Montalvo is being charged with five counts of first-degree murder, two counts of second-degree assault with a deadly weapon, two counts of first-degree assault with a deadly weapon, one count each of first-degree armed burglary, unlawful firearm possession, first-degree murder with extreme indifference to human life, first-degree kidnapping, first-degree robbery with firearm display and second-degree murder. His trial is scheduled for February 15.

 

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