Flagstaff Police Shoot Man For Using Pepper Spray? Was It Justified? Did It Work?

Flagstaff police on Tuesday evening released body-camera video showing an officer shooting a man on Monday during a confrontation.

Just after 4 p.m. Monday, Officer Nick Rubey approached 52-year-old Matthew Dearing, who had a warrant for his arrest, Flagstaff police said.

The first few minutes of the video show Dearing and Rubey speaking to each other cordially, with much of the conversation focusing on problems Dearing said he was having with his bike.

Eventually, Rubey asks Dearing if he "still has that BB gun," and Dearing replies that he does not. Rubey then asks if Dearing has any other weapons on him, and Dearing says he has a knife.

He asks the officer why he is asking him those questions.

"I like to know where weapons are," Rubey responds."You're usually pretty chill, but some people aren't. I try to ask everybody, keep it consistent. Don't want to treat people differently, know what I mean?"

Matthew Dearing
A few seconds later, Rubey says Dearing is under arrest for an outstanding warrant, prompting Dearing to jump off his bike and ask what the arrest is for.

Rubey does not answer the question, but eventually gets Dearing on the ground as Dearing continues asking what the arrest is for and hurling expletives at the officer.

Rubey continues ordering Dearing to stay on the ground, but Dearing eventually gets back on his feet and tells the officer not to "attack" him.
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Judge Dan Slayton sentenced our friend Matt Dearing to prison for 5 years today. Under a plea agreement two charges were dismissed but not the aggravated assault charges from when officer Nick Ruby attacked and shot Matt.
Matt was facing up to 28 years in prison so the deal seemed to be his best option.
Matt's sister provided emotional testimony regarding his mental health and asked the judge to consider releasing him to a treatment center.
The officer who attacked and shot Matt testified and stated, "all police officers know they may shoot someone... in some ways I was glad I was the officer." Ruby was claiming he exercised restraint and that "Mr. Dearing is a walking talking officer safety risk." He further stated that he was afraid that Matt "could have killed someone." Ruby further stated, "I was just trying to do my job that the city hired me to do."
Matt's public defender addressed the judge and pointed out that officer Ruby's body camera showed the officer actually initially stating that Matt was "chill" and didn't demonstrate any fear of Matt. The public defender made it clear that Matt was assaulted and defended himself though he "should not have pepper sprayed officer Ruby." She also made it clear that Matt was not in the right but that "this could have been a much darker day in our community."
She asked, "what are the best practices for unsheltered?" and addressed the mental health issues regarding this issue and how Matt fell through the cracks. She stated, "There are many more Matts in our community... people like Matt who are constantly arrested... Maybe we can use this case as an example of what not to do?" The public defender called for healing and stated, "Matt already has been punished, he was shot."
Matt addressed the judge and apologized to officer Ruby, the court, and to the community. He said, "In the past I didn't ask for treatment or help, I never wanted it. I need and I want to get treatment. I am willing to do anything to correct this situation." He stated, "being shot has changed my life... I had a death wish in the past, I didn't realize that many people cared about me. I got lots of letters, I didn't think anybody cared."
The judge addressed Matt's criminal history, mental health, community volunteering and support, and said to Matt, "I do believe you are a changed man, but the danger you presented on that day is the reason for my decision."
He sentenced Matt to the maximum imprisonment agreed to under the plea deal with a credit of 323 days, intensive probation, and mental health treatment.

#PoliceNeckShotOverPepperSpray #PoliceMisconduct #PoliceExcessiveForce