Guard involved in fatal shooting was unlicensed
SPRINGDALE — A security guard who fatally shot a man outside a Springdale nightclub in December was not properly licensed nor was the club’s owner, according to the Arkansas State Police.
Prosecutors recently declined to file charges against the security guard, saying the shooting appeared to be self-defense.
Washington County prosecutors reviewed police reports from the Dec. 17 shooting outside Zabana Night Club, located at 2323 S. Old Missouri Road, to determine whether the shooting was justified, according to Prosecuting Attorney Matt Durrett. He identified the security guard as Jerry Camilo.
A check with Arkansas State Police revealed Camilo and the club owner, Ruth Jones, were not properly registered with the state as is required for private security providers by law.
“Jerry Camilo was not a credentialed commissioned security officer at the time of the incident, nor is he now,” according to Cindy Murphy, communications director for the Arkansas Department of Public Safety.
Murphy also said Jones didn’t report the shooting to the Arkansas State Police.
“The incident came to our attention through a published news article,” Murphy said. “Discovery of the incident prompted the Arkansas State Police to conduct our own investigation to determine compliance with the PI-Security Statutes and Rules.”
That investigation found Camilo and Jones were not in compliance with state rules for private security companies. “During the course of the investigation, we found that Mr. Camilo was out of compliance with the law by not being licensed as a commissioned security officer,” Murphy said. “Ruth Jones, owner of the Zabana Night Club, was out of compliance with the law by not having her night club recognized as a security
department of a private business while employing a commissioned security officer.”
Murphy said both parties were sent legal cease and desist letters by state police.
Messages left at the club Friday and earlier for Jones were not immediately returned.
Springdale Police Department reports of the incident touched on the relationship between Camilo and Jones.
“During the interview, I asked Jerry about his employment at Zabana. Jerry told me that he had been hired into the position as head of security by Ruth and had been working there for approximately six months,” one report notes. “Jerry continued by saying that he informed Ruth that he was going to carry his weapon with him and that she was fine with it. Jerry said he was the only armed security.”
Another security guard, Marco Sinrian-Reyes, estimated 10 to 12 security guards were working that night, and there usually were 14 to 16, according to a report.
“I asked who hired Marco as security, and he said that he was hired by Ruth, the owner of the business,” according to the report. “Marco said that Jerry was also in charge of hiring security. I asked Marco about training, and he said that Jerry was supposed to, but that he had not received any at the time.”
Police also spoke to Jones at the club while retrieving video of the incident, according to a report.
“I spoke to Ruth briefly about the conditions that Jerry was hired under,” according to the report. “Ruth said that she hired Jerry and had hired him with the knowledge that he would be carrying a firearm. Ruth also stated that she had offered to buy him a vest for protection but said that Jerry didn’t accept the offer.”
Springdale police responded to Zabana about 1:50 a.m. Dec. 17 regarding a gunshots call. A man identified as Luis Steven Ogando Lopez, 21, was found with two gunshot wounds, according to a news release from police. He later died from his injuries at a local hospital, according to the release.
The investigation revealed Lopez had been kicked out of the night club after causing issues and having a knife on him inside the establishment. He then went to a vehicle and retrieved a gun, according to police.
Camilo confronted Lopez in the parking lot, and an altercation occurred. Lopez pointed his gun toward Camilo, who then fired his own gun, striking Lopez, according to police.
Camilo stayed on scene, cooperated with the investigation and went to the police station for questioning by investigators, according to police.
Another man, Juan Carlos Frias-Villa, 26, of 750 S. 40th St. in Springdale, was arrested in connection with second-degree battery after the incident.
During the disturbance between Lopez and the security guard, Frias-Villa struck a second security guard with his vehicle, according to police. Frias-Villa left the scene and was later located by detectives. He admitted striking the guard with his vehicle and fleeing the scene, police said. The security guard who was hit was taken to a local hospital, where he was treated and released, according to police.
Frias-Villa has entered a not guilty plea to second-degree battery, and his trial is set for Sept. 11.
Meanwhile, state Alcoholic Beverage Control officials also have been investigating the December shooting to determine whether penalties are warranted, according to Scott Hardin, a spokesman with the Arkansas Department of Finance and Administration.
Zabana received notice recently of two violations related to the shooting, according to Hardin. The violations are for failure to be a good neighbor and allowing weapons on a permitted premises.
A hearing will be held May 8 before Alcoholic Beverage Control Director Christy Bjornson to determine what the penalty will be for the violations. The penalty could range from a fine and probation to suspension or full revocation of the club’s permit. When the penalty is announced, Zabana can choose to accept it, or it may appeal the violations and penalties to the full Beverage Control board.
The final option for Zabana if they do not agree with the board’s decision is filing a lawsuit in circuit court.