(Reno, NV) — He says it was a justified shooting. The Washoe DA weighing in on an officer-involved shooting from back in August 2022. It began as a man threatened a woman with a knife inside a Sparks apartment complex. Two Sparks officers arrived at the scene and found a belligerent Francisco Pena, near a teenage boy in the unit’s doorway. The officers yelled at Pena to drop the knife, he would not, and it led to gunfire. Pena was killed. The DA’s office says the nearby boy, who had earlier helped the woman, his mom, escape Pena, was in danger, as were both of the officers.

The Following is the press release from the Washoe County District Attorney

Washoe County District Attorney Chris Hicks has determined that the August 22, 2022 Officer Involved Shootings (OIS) of Francisco Pena by Sparks Police Officers Britt Brown and Tom Radley was justified and lawful under Nevada law.  

Consistent with this office’s ongoing public reporting on all OIS cases, District Attorney Hicks has released a detailed 29-page report containing the facts of the case, photographs, witness accounts, and the legal analysis supporting the determination. This determination is based on an extensive review of the investigation conducted by the Washoe County Sheriff’s Office, which was submitted to this office.   

Inquiries regarding the release of any public records involving the investigation and its evidence can be directed to the involved law enforcement agencies.  

Introduction of the Report: 

On August 22, 2022, at approximately 7:54 p.m., Sparks Emergency Dispatch received a 911 call from Raquel Soliz-Sanchez (hereinafter “Raquel”). 

Raquel, who called from a neighbor’s house, reported that her estranged husband, Francisco Pena (hereinafter “Pena”), had just threatened her with a knife at her apartment, located at 1625 Merchant Street, Apartment E, Sparks, Washoe County, Nevada. The ensuing investigation revealed that Pena, in a jealousy driven rage, had threatened her with the knife, armed himself with a gun, and pinned her down by her throat. During the altercation, Raquel’s teenage son, David Pena-Solis (hereinafter “David”), tried to take the knife from Pena and was cut in the process. Regardless, David managed to distract Pena, allowing Raquel to escape to the neighbor’s home and call 911, but David remained in the apartment with Pena. 

Sparks Police Department (hereinafter “SPD”) Officer Britt Brown (hereinafter “Officer Brown”) and Officer Tom Radley (hereinafter “Officer Radley”) were the first two SPD officers to arrive on scene. While enroute in separate patrol vehicles, the officers received the above information from 911 dispatch. Given the nature of the call, Officer Brown, who approached the scene westbound on Merchant Street, armed himself with his patrol rifle (hereinafter “rifle”). Similarly, Officer Radley, who approached the scene eastbound on Merchant Street, unholstered his duty pistol (hereinafter “pistol”). The two officers then exited their patrol vehicles and approached Apartment E, a second-floor apartment, on foot. Meeting at the stairwell to the apartment building, the two officers went up the stairs together with Officer Brown in front and Officer Radley in the rear. During their ascent, both officers heard an agitated male, believed to be Pena, screaming from Apartment E. In response, the two started sprinting up the stairs. 

Once at the top of the staircase, the officers saw Pena appear at the threshold of Apartment E’s doorway, within a few feet of the officers, screaming belligerently and gripping a knife. The officers also saw David still inside the apartment within one or two feet of Pena. 

The officers, who feared for their safety and the safety of David, yelled verbal commands to Pena to “drop the knife” and “[s]how me your hands!” Pena disobeyed the officers’ verbal commands and continued to scream and act belligerent. After several seconds of non-compliance, Officer Brown discharged one shot from his rifle and Officer Radley discharged two shots from his pistol. All three bullets struck Pena, who dropped the knife and fell to the ground inside Apartment E. 

After Pena fell to the ground, officers escorted David from inside the apartment while other officers provided aid to Pena until medical personnel arrived on scene. Pena was transported to Renown Hospital and declared deceased at 8:40 p.m. (2040 hours). 

Consistent with the regionally adopted Officer Involved Shooting Protocols (hereinafter “OIS”), the Washoe County Sheriff’s Office (hereinafter “WCSO”) led the Pena OIS investigation. Reno Police Department (hereinafter “RPD”) provided secondary investigative support, and the Washoe County Crime Lab (hereinafter “WCCL”) provided forensic services. The investigation included witness interviews, examination of physical evidence, review of body worn camera footage (hereinafter “BWC”), and forensic examination of evidence. 

WCSO submitted all investigative reports, photographs, documents, BWC, forensic reports, witness statements, and recorded interviews to the Washoe County District Attorney’s Office (hereinafter “WCDA”) on November 17, 2023. No criminal charges were recommended by WCSO for Officer Brown or Officer Radley, the two SPD officers involved. The WCDA’s office evaluation included a review of WCSO’s complete investigative file. 

Based on the available evidence and the applicable legal authorities, it is the opinion of the WCDA that the shooting of Pena by SPD Officer Brown and SPD Officer Radley was legally justified and not a criminal act. 

Excerpt from Analysis: 

On August 22, 2022, the use of deadly force upon Pena was justified based upon the imminent danger Pena posed to Officer Brown, Officer Radley, and David. The danger presented was corroborated by witness interviews, BWC, and evidence collected from Apartment E. 

The evidence shows that Pena was angry that Raquel had been seeing another man despite being separated for more than two-years. On the day of the shooting, Pena went to Raquel’s apartment armed with a knife and a firearm, despite not living there. He had been drinking, was depressed, and was enraged with jealousy. Once near the apartment building, Pena parked his vehicle down the street, thereby hiding it from Raquel’s view. He then waited inside her apartment for her return. According to Pena’s son, Pena sounded like he was “getting ready for war” while waiting for Raquel to return. 

Once Raquel entered the apartment, Pena began attacking her. He followed her into her bedroom, pinned her down, and took her phone. Pena had a knife and a firearm during this altercation. Upon hearing the attack, David, exited his room and tried to help Raquel. David managed to free Raquel from Pena, allowing her to escape. David tried to take the knife from Pena but was cut during the struggle. While David was unsuccessful in getting the knife from Pena, he did manage to take the firearm and hide it in his bedroom. 

Upon escaping from the apartment, Raquel called 911 dispatch. Raquel explained the facts as stated: Pena had a knife, and that David was injured when he tried to take the knife from Pena. Dispatch then relayed to both Officer Brown and Officer Radley that Pena was armed with a knife and there was a possible child victim still present in the apartment with Pena. 

Once Officer Brown and Officer Radley arrived, they heard Pena angrily screaming near Apartment E on the building’s second floor. In response, both officers ran up the stairs to Apartment E. When they reached the top of the stairs, both officers saw Pena in Apartment E’s doorway with a knife in his hand. As shown in the photos, there is little space between the top of the stairs and the doorway. As a result, the officers were dangerously close to Pena. Similarly, David, who remained inside Apartment E, was within Pena’s immediate reach. 

Pena’s screaming continued throughout the interaction. Regardless, Officer Brown and Officer Radley tried to verbally engage with Pena, giving numerous commands for him to “drop the knife.” Pena clearly ignored those commands. With Pena visibly agitated, holding a knife in close proximity to both the officers and David, and with the knowledge that Pena had reportedly been violent towards his wife and son just prior to officers’ arrival, both Officer Brown and Officer Radley felt in fear for everyone’s safety and shot Pena, striking him three times. 

The officers’ observations were corroborated by their BWCs and by evidence collected at the scene, to include the black knife Pena was holding, found at the apartment’s entryway, and the firearm described by David, located inside the apartment. 

Pena presented an imminent danger by wielding a knife at Officer Brown and Officer Radley and disobeying both officers’ commands. Additionally, Pena presented an imminent danger to David and in fact did injure David with the knife. Despite the officers’ best efforts, Pena did not obey commands, leaving them in fear for their and David’s safety. Therefore, Officer Brown’s and Officer Radley’s actions were absolutely necessary under the circumstances and carried out for the purpose of attempting to avoid death or great bodily injury to themselves and David. 

Unless new circumstances come to light that contradict the factual foundation upon which this decision was made, this case is officially closed.