The Tempe City Council has approved a $2 million settlement for the family of 14-year-old Antonio Arce, who was shot and killed by a former Tempe police officer as the teen ran away while holding a non-lethal airsoft gun.

A lawsuit filed against former Tempe police Officer Joseph Jaen and the city claimed Jaen shot at Arce even though the boy did not present any threat and did not point the replica gun at the officer. It also alleges that Jaen — who was in a patrol uniform and marked car — didn’t identify himself as an officer and that he was approximately 116 feet from a fleeing Arce when Jaen fired his weapon.

Jaen left the department shortly after the shooting and the Maricopa County Attorney’s Office cleared him of any wrongdoing in January. However, an internal investigation found Jaen’s actions on the day of the shooting violated training and department policies and procedures.

The Tempe City Council unanimously approved the settlement, in which the city will pay up to $2 million in this case, during the Thursday meeting.

Prior to the vote, Tempe Mayor Mark Mitchell again offered condolences to the Arce family on behalf of himself and the council. 

“We know that the Arce family was left with the devastation of losing a son and a family member,” Mitchell said. “We understand this settlement from the city does not compensate your loss of Antonio, but we’re settling this with the Arce family because the city recognizes and acknowledges that Officer Jaen was outside police department policy and procedure and that his actions were wrong. We wish the Arce family peace as they continue to grieve.”

Danny Ortega, attorney for the Arce family, said in a statement that the lawsuit was always about holding the Tempe Police Department accountable for Arce’s death. 

“Antonio Arce’s death cut short all that he embodied — his sense of adventure, fascination with the world, promise, and hope for a better future. His family will never experience a lifetime of anticipated joys,” Ortega said. “They will never see him marry; have children and grandchildren; celebrate holidays, anniversaries, or birthdays. His parents would rather pay to have their child returned to them than be forced to put a price tag on his life.

The shooting of Arce 

The settlement wraps up the final loose end in the shooting of Arce. His killing — one of approximately 50 people killed by Arizona law enforcement in 2019 — sparked a wave of protests and garnered national attention. It also came on the heels of a record number of police shootings across the state in 2018.

The settlement also comes amidst a national outcry against use of force by police. Ortega acknowledged this in his statement, noting that Arce’s case isn’t unique among the many young Latino and Black men killed by law enforcement. 

“As with other police shooting cases, the Arce family and the community are unjustifiably left in the dark for too long about whether there was an actual need to use excessive and ultimately deadly force. They are tragically left to grieve without answers about why their loved one was killed,” Ortega said. “To add insult to injury, prosecutors fail to charge police officers for their criminal conduct. All of this is unacceptable! All victims of police brutality deserve answers, accountability, and justice from law enforcement and elected officials.”

Following the council meeting, Vice Mayor Lauren Kuby said that the settlement marks the end of the legal action, but she’s “keenly aware” that there’s still a “deeper conversation” to be had about policing in the community.

More than a hundred protesters gathered in a park a few miles away as the meeting went on. They listened to the live stream as the council voted to approve the settlement. They then came together to exchange their own stores about encounters with police.

One protester said the money was how much Arce’s life was worth.

The shooting of Arce

Body-cam footage shows the 14-year-old running from the officer while clutching what law enforcement said appeared to be a gun. The weapon turned out to be a non-lethal airsoft gun with an orange tip.

According to documents detailing the administrative investigation, Jaen violated department policy by improperly using deadly force, acting negligently and failing to follow department use of force guidelines because his life was not in danger. 

Tempe Police Chief Sylvia Moir said disciplinary actions against Jaen would have been recommended had he not resigned in May. Moir said his discipline could have ranged from a 40-hour suspension to termination. 

The Tempe Police Public Safety Personnel Retirement System Board unanimously voted to award Jaen early accidental disability retirement in early January.

An accidental disability is one that occurred while the employee was on the clock and permanently prevents the employee from doing his or her job. Both physical and mental conditions can qualify.

The city has declined to disclose to The Arizona Republic what Jaen cited as the physical or emotional disability sustained on the job that rendered him unable to perform his duties, citing medical privacy laws.

In the lawsuit filed by the Arce family, Ortega said the city was aware Jaen — who was a member of the Army National Guard — suffered from PTSD prior to the shooting. Moir and other city officials previously declined to comment on the allegation. 

Reach public safety reporter Bree Burkitt at [email protected] or at 602-444-8515. Follow her on Twitter at @breeburkitt.

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