CA: Officers justified in deadly Virginia Beach shooting in September

Virginia Beach

VIRGINIA BEACH, Va. (WAVY) – The officers who fired shots, killing a knife-wielding suspect in Virginia Beach last year will not face charges.

That’s the ruling from the Virginia Beach Commonwealth’s Attorney’s Office.

Newly released body camera video shows officers in a home in the 300 block of Garrison Place early the morning of September 6.

Police said 49-year-old Refugio Reynaldo Olivo Jr. was holding a woman against her will inside a home. His son went outside and called 911 and told dispatch that his mother and his 14-year-old brother were still inside. Officers arrived on scene and made their way into the home. They ordered Olivo Jr. numerous times to drop his weapons, but police said he ignored their demands.

The woman was inside an upstairs bathroom. According to the Commonwealth’s Attorney’s report, Olivo Jr. stabbed at the bathroom door, yelling at her, and eventually forced his way into the room and barricaded the door. At that point, officers went upstairs and after hearing the victim in distress, they breached the door and found Olivo Jr. actively stabbing the victim.

That’s when police fired their service weapons and struck the suspect. The two officers fired a total of five shots, according to the CA report.

Both officers who fired shots had their body worn cameras activated, which recorded the encounter.

Still image captured from Virginia Beach body-worn camera footage from Sept. 6, 2020 (Photo courtesy: Virginia Beach Office of the Commonwealth’s Attorney)

The victim had stab wounds in her neck, shoulder and chest and was taken to the hospital for treatment.

Three officers performed CPR on Olivo Jr. until EMS arrived, but he was pronounced dead on scene. A postmortem toxicology report found alcohol and cocaine in his system.

Prosecutors determined the officers were within their legal authority and were justified when the used deadly force. The review of the investigation was released on June 10.

“In short it is clear that the officers discharged their weapons in defense of another person. Based upon the law and the substantial evidence in this matter, it is my opinion that the officers were within their legal authority and were justified in the use of deadly force in the situation as it presented itself.”

Colin D. Stolle, Commonwealth’s Attorney

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