Gilbert Police Chief Tim Dorn has demoted a police officer who was off duty when he shot an alleged accomplice to a shoplifting suspect during a scuffle.
Gilbert Police Officer Andrew "Chad" Biggs said he feared for his life after being physically attacked by a Sacaton woman he suspected of shoplifting from a Walmart late Aug. 9.
As Veronica Rodriguez, 25, continued threw punches and slaps upon the off-duty officer, her boyfriend, Therin Castillo, 28, advanced on him, recently released police reports state.
Biggs, the son of state Rep. Andy Biggs, R-Gilbert, pulled his handgun tucked in a cargo pant pocket and fired, hitting Castillo in the groin.
While a Maricopa County Attorney's Office shooting review panel last month cleared Biggs of criminal wrongdoing, an internal investigation approved by Dorn found differently.
On Dec. 16, an internal affairs panel ruled Biggs broke four policies and recommended the officer of more than two years be fired. In a Dec. 29 memo to Biggs, Dorn opted to demote the officer to a 911 dispatcher.
"Based on your actions and decisions, continued assignment as a police officer exposes you, your family, your fellow officers and the public to unacceptable risk," Dorn wrote.
Biggs began his position as a dispatcher Jan. 4, but is contesting the chief's decision.
"It's very sad to see a chief do this type of action," said Biggs' attorney, Kathryn Baillie. "What he's telling his officers is that they don't have a right to defend themselves."
The internal affairs panel found Biggs violated four policies including: use of force, wearing a uniform in public view, wearing a uniform while off duty, and taking action while off duty.
Criminal charges are pending against Castillo and Rodriguez, who recently went before a grand jury, said Sgt. Mark Marino, a police spokesman. Castillo has convictions for shoplifting in December 2006 and June 2009, and failure to appear in June 2009 on the latter shoplifting charge, records show.
After the shooting, Biggs was treated at Mercy Gilbert Medical Center for a contusion to his head and abrasions suffered from Rodriguez's alleged assault.
But therein lies the problem, Dorn writes.
"You utilized deadly force on the male suspect who had made no verbal threats and had not committed any physical assault on you," Dorn states. "She was obviously the aggressor in this incident."
Biggs told internal investigators his wife and their two young children picked him up from the department's San Tan District office after he finished his shift just after 9 a.m. Aug. 9.
He and his family were on their way home about 11 p.m. when they decided to stop at the Walmart at 2501 S. Market Street.
Biggs told investigators his wife advised him against going into the store in his partial uniform, which is against department policy. However, Biggs "reasoned" with her and the family went inside the store, the report states.
As Biggs walked into the store, he saw Rodriguez giggling as she allegedly placed an object under her shirt and proceed out the door.
"Officer Biggs then advised Rodriguez, 'Gilbert Police, you need to come back in the store,'" internal police documents state.
He reached for the woman's arm, and she then turned around and "began flailing" punches and slaps at him. Biggs then yelled for someone to call 911 as Rodriguez continued walking to the parking lot with Biggs and Castillo following.
"I knew there was nobody else there that'd be able to stop them," Biggs told investigators. "Initially I was going to stop her for the property and then, you know, then I have a fleeing suspect who's now assaulted a police officer. It's, you know, it's my duty to protect life and property."
In an interview with police, Rodriguez said she didn't recall anything that happened "due to the amount of alcohol she consumed."
While in the parking lot, Castillo walked between 15 to 30 feet of Biggs, who ordered him to "get on the ground." Castillo refused, Biggs said, and Rodriguez came at him punching again.
Biggs' cell phone and eye glasses were knocked away from him and he drew his gun "because I thought they were going to hurt me."
Biggs managed to knock Rodriguez to the ground, but let her up when Castillo advanced on him. The officer then backed up to near the entrance to the store, as Rodriguez and Castillo followed.
Castillo continued to advance on Biggs and the officer pulled his handgun again.
"I don't know if backup's coming and (Castillo) was now coming at me," Biggs stated. "He was coming to beat me up and I thought that he was going to kill me . . . he continued to come at me and that's at the point I shot."
"I didn't want to shoot him at the time either, but I kind of felt - I just felt I had to stop him. I felt sick to my stomach."
The bullet hit Castillo in the scrotum. Rodriguez then advanced and began hitting the officer again.
Biggs holstered his gun and "punched her right in the face and she completely collapsed right in front of me," he stated. Seconds later additional officers arrived and Rodriguez was handcuffed and dragged to a nearby police car.
Castillo was transported to a local hospital.
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