WATCH: ASP releases dash camera footage of Interstate 49 arrest; prosecutor deems deadly force justified
ROGERS, Ark. (KNWA/KFTA) — Arkansas State Police released dash camera footage from a July traffic stop on Interstate 49 in Rogers that ended with the arrest of a Guatemalan man.
Angel Zapet-Alvarado, 26, was booked into the Benton County Detention Center on speeding, reckless driving, failure to yield to an emergency vehicle, no driver’s license, resisting arrest and second-degree battery.
ASP said around 7:43 p.m. on July 27, a trooper attempted to conduct a traffic stop on Zapet-Alvarado on I-49 southbound after he passed a marked patrol unit at 114 miles per hour near mile marker 83.
Zapet-Alvarado did not initially stop even after the trooper activated her siren and emergency lights, the release said.
After he stopped, the trooper told Zapet-Alvarado to get out of the vehicle.
A probable cause affidavit said Zapet-Alvarado refused to get out of his vehicle after the trooper told him he was under arrest.
The release said the trooper saw Zapet-Alvarado had his hand on the gearshift and took his keys to stop him from driving away.
The trooper grabbed her taser after Zapet-Alvarado allegedly refused to comply but the man wrestled the taser away and threw it into traffic. Zapet-Alvarado reportedly kicked the trooper in the head multiple times.
A motorist witnessed the incident and tried to help the trooper, according to the release. The trooper fired one round at Zapet-Alvarado and wounded him in the right temple.
The release said Zapet-Alvarado continued to resist arrest and refused the trooper's instructions.
Zapet-Alvarado was taken to a nearby hospital where he was treated and released to law enforcement. Toxicology reports showed Zapet-Alvarado's blood alcohol content was .16 and that cannabinoids were present.
The trooper was treated for non-life-threatening injuries from the incident.
Benton County Prosecuting Attorney Joshua Robinson announced on Wednesday that the trooper's use of deadly force was consistent with Arkansas law. ASP's Criminal Investigation Division presented the case file to the prosecutor on August 9.
Zapet-Alvarado is being held in the Benton County Detention Center on a $350,000 bond and has been placed on hold for Homeland Security Investigation (HSI). He has a court date set for September 23.
KNWA/FOX24 has reached out to Zapet-Alvarado's lawyer for comment and said:
"Mr. Zapet-Alvarado was stopped for excessive speed by an Arkansas State Trooper. The trooper pulled open his vehicle door and immediately began giving commands in English for him to exit the vehicle. Mr. Zapet-Alvarado does not speak English. Within seconds, the trooper went hands-on, deployed her taser, forcefully placed her hand on his throat while tasing him again, and struck him in the face with the taser prongs. She then asked a bystander to move out of the way before announcing to Mr. Zapet-Alvarado that she was going to shoot him. The trooper proceeded to shoot him in the head with her service pistol as he was attempting to stand up.
Mr. Zapet-Alvarado did not use a weapon, strike the trooper, overpower her, or grab her firearm. The trooper later claimed that Mr. Zapet-Alvarado had attempted to put the vehicle in drive while still in the car. She also made the contradictory statement that he actually did place the vehicle in drive and that she had to put it back into park. However, video evidence shows that Mr. Zapet-Alvarado never placed the vehicle in drive after stopping. In fact, the reverse lights are visible when he initially puts the car in park, and they never come on again.
Mr. Zapet-Alvarado was unarmed, and the situation did not justify the use of deadly force."
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