Two Phoenix police officers who kicked and beat a handcuffed man in a convenience store won't face criminal charges, the Maricopa County Attorney's Office announced on Monday.
Prosecutors presented a case against Officer Eddie Becerra to a grand jury on Thursday. The panel declined to issue an indictment. The second officer, Nicholas Beck, did not face criminal charges.
A video of Becerra and Beck kicking a handcuffed man and hitting him with their guns went viral on social media after a bystander recorded the October 27 incident. The man, Harry Denman, encountered the officers at a QuikTrip at 59th Avenue and Buckeye Road.
He spoke to Becerra and Beck in the store's parking lot before the officers got into their patrol vehicle and began to drive away, according to surveillance footage released by the Phoenix Police Department. Denman then shot a gun twice at the police cruiser. The first shot hit the ground. The second hit the vehicle near the driver's side window. He later told officers he intended to shoot over them, according to police.
Denman ran into the store, and the officers followed with their guns drawn. Once inside, he put his hands up and dropped the gun. A convenience store clerk filmed what came next: The officers cursed at Denman, handcuffed him and then kicked him as he remained, bleeding, on the ground.
The footage drew widespread public outcry — and rare condemnation from the agency. Police Chief Michael Sullivan said at the time that the actions of the officers were "not how we train and not aligned with the core values of the Phoenix Police Department."
Both Becerra and Beck were placed on administrative leave after the incident, and the agency recommended assault charges against both of them to prosecutors. The two officers will remain on leave as an internal affairs investigation into the incident continues, Sullivan said in a statement on Monday.
Prosecutors announced the results of the grand jury decision on Monday.
"Due to the high level of public interest in this matter, the office requested that the Grand Jury findings be unsealed," according to a statement released by the county attorney's office.
While prosecutors took Becerra's case to a grand jury, they declined to pursue charges against Beck. "Beck's conduct occurred prior to Denman being secured with handcuffs and prior to the location of the weapon being determined," according to documents released by the county attorney's office.
Denman faces multiple counts of aggravated assault and weapons misconduct in the incident. After his arrest, he was treated at a hospital for his injuries and then released to jail.
Sullivan said in a statement on Monday that the internal investigation into the incident is still ongoing. "It is my responsibility to ensure that an appropriate investigation is conducted when there is reason to believe a crime has been committed," Sullivan said. "That was done in this case and the investigation was turned over to MCAO for the criminal justice process to continue."
The news of the lack of charges against the two officers comes as protests took place in Phoenix — and nationwide — over the death of Tyre Nichols, a Black man in Memphis who was brutally beaten by five police officers. On Saturday, demonstrators in Phoenix gathered to demand justice for his death.