Police release report describing lead-up to Johnson’s shooting
The Phoenix Police Department released the report Wednesday detailing the criminal investigation into the fatal shooting of Dion Johnson by state Department of Public Safety Trooper George Cervantes on May 25.
The report provides the first insight into Cervantes’ account of what happened that day.
The shooting gave a local face to national calls for racial justice and was often referenced during widespread protests sparked by the death of George Floyd at the hands of police in Minneapolis on the same day as Johnson’s death.
On Wednesday, the Maricopa County Attorney’s Office said it is still reviewing the case.
‘You ain’t gotta do all that!’
Cervantes told investigators he was on his way to meet another trooper at the 64th Street exit of the Loop 101 freeway when he came across Johnson’s 2007 Toyota Prius parked in the gore area near Tatum Boulevard.
The 15-year trooper said he couldn’t tell if someone was inside the vehicle through the windows because of their tint and proceeded to open the passenger door.
He found Johnson in the driver’s seat but could not tell “if they were sleeping, passed out from intoxication, or in need of medical care,” the report said.
Cervantes noticed a “strong odor of alcohol” and said that Johnson had urinated on himself, also noting a semi-automatic handgun on the front seat. An empty bottle of Patron tequila also was later recovered from the front seat, the report said.
Cervantes determined Johnson was “likely intoxicated and passed out” and removed Johnson’s gun from his vehicle, unloading it and leaving it in his motorcycle saddlebag, the report said.
He requested backup to proceed with the arrest and as he waited, attempted to remove the key from Johnson’s ignition to “prevent the intoxicated driver from leaving if awakened,” the report said.
He was unable to remove the key and went back to his motorcycle but then noticed Johnson stirring and decided to “immediately effect the arrest to prevent a more hazardous situation,” the report said.
Cervantes approached Johnson’s car, opened the driver’s door and made contact with Johnson. Cervantes told investigators Johnson had his left hand on the steering wheel while he “started to manipulate something on the dash at or near the ignition” with his right.
Cervantes cuffed Johnson’s left wrist and put his right hand on Johnson’s shoulder, asking him to exit the vehicle.
“The driver stared at Trooper Cervantes with an expressionless face,” the report said.
Cervantes proceeded to ask Johnson to comply two more times, “raising the intensity each time” to prompt compliance.
Johnson braced his back against the center console and eventually reached onto the passenger seat where the handgun once was. He then brought his knees and feet toward his chest “with the ability to thrust Trooper Cervantes backward into the traffic lane(s) if he forcefully extended his legs,” the report said.
Cervantes described Johnson’s position to investigators as “coiled” and “pre-loaded,” the report said.
Cervantes then removed his handgun from his holster and twice told Johnson to “stop resisting or I’m going to shoot you,” he recounted to investigators.
“The male (Johnson) stated, ‘You ain’t gotta do all that! You ain’t gotta do all that!’ several times, then relaxed his body and placed his feet on the sill of the driver door,” the report said.
Details of the struggle between Johnson, Cervantes
Cervantes felt at that point the “imminent threat” had diminished and was putting his gun back in his holster when Johnson used his left hand to grab Cervantes’ vest and his right hand to grab Cervantes’ wrist that at that point was still holding his gun, the report said.
Johnson pulled Cervantes toward him and into his vehicle, and Cervantes’ feet came off the ground, the report said.
Cervantes told investigators that previous deaths and injuries of DPS troopers on the job crossed his mind during the incident, and he feared Johnson would grab his weapon. He also feared for his life if he were to be pushed from the car and into the freeway in the path of oncoming traffic.
He proceeded to fire one shot at Johnson, who was approximately six inches away from him. Johnson “recoiled” and Cervantes’ “perception of time seemed to be in slow motion” as he fired a second time, the report said.
Cervantes told investigators he was “initially uncertain” if the first gunshot had struck Johnson but later came to believe the first had struck him and the second missed.
Cervantes told dispatchers shots had been fired as Johnson grabbed his abdomen and repeated, “I’ve been shot. I’ve been shot.”
A second trooper eventually responded, and the pair worked to get Johnson on the ground behind his vehicle. The subsequent moments were captured by Arizona Department of Transportation cameras and recorded by AZFamily.
Johnson was conscious and speaking as the troopers lifted his shirt to assess and treat the wound prior to an ambulance’s arrival, the report said.
Cervantes eventually noticed an ambulance staged nearby and notified dispatch that the scene was secure, requesting the fire department to continue toward the scene to treat Johnson, the report said.
The report said a call requesting an ambulance was made at 5:38 a.m., and the ambulance arrived five minutes later. Johnson arrived at HonorHealth Deer Valley Medical Center at 5:58 a.m., the report said.
Johnson’s advocates have throughout the investigation claimed that law enforcement waited longer than was necessary to get Johnson medical aid after being shot.
“The male (Johnson) stated, ‘You ain’t gotta do all that! You ain’t gotta do all that!’ several times, then relaxed his body and placed his feet on the sill of the driver door.” Phoenix Police Department report on Dion Johnson’s fatal shooting
Toxicology report, 911 calls
A toxicology report referenced in the criminal investigation found that Johnson had methamphetamine, fentanyl, norfentanyl and marijuana in his system at the time of his death.
A man who witnessed the incident and called 911 reported seeing Cervantes “struggling” with Johnson and called it “a real fight,” the report said.
The witness used the word “intensity” to describe Cervantes’ struggle with Johnson.
Several other 911 callers reported similar observations.
Among the first to the scene was Scottsdale Officer Ashley Yunck, a certified initial responder with 40 hours of training in a department medical program, according to the report.
Yunck said one of the troopers was applying a clot and pressure to the wound on Johnson’s lower abdomen.
Yunck cut Johnson’s clothing and did not find any additional injuries.
The documents released Wednesday did not reach a conclusion about Cervantes’ actions, nor do they make recommendations to the Maricopa County Attorney’s Office, which received the case last week.
Attorney Jocquese Blackwell, who is representing Johnson’s family, did not immediately respond to The Arizona Republic’s request for comment.
The FBI on June 12, the day of Johnson’s funeral and burial, announced that it was screening the case to see what, if any, federal investigation was warranted.
FBI spokeswoman Brooke Brennan said on July 15 that the matter was still under review.