Video shows Phoenix cops killing man holding fake gun on Election Day

On the morning of Election Day, a Phoenix woman called 911 to report a man doing drugs in the alley behind her house. Police arrived to find 29-year-old Rey David Martinez in the alley. When Martinez removed what police said was a replica gun from his pocket, the officers shot and killed him.

Martinez is the 12th person shot and killed by Phoenix police this year, matching the department’s total from 2023.

Dispatch audio and body camera footage of the fatal shooting was released Wednesday by the Phoenix Police Department as part of the agency’s “critical incident briefing," which is made public after any police shooting or in-custody death. The briefings are narrated by officers and include edited compilations of body camera footage, dispatch audio and other information regarding an incident.

‘He’s got a gun’

In the late morning of Nov. 5, a woman in the Central Avenue Corridor called police to report that a man was “doing drugs” in the alley behind her house and trying to climb the fence. The woman seemed concerned and confused about what Martinez was doing in the alley, according to dispatch audio.

“He’s trying to get over a gate or something,” she said. “I don’t know what he’s doing.”

Police arrived in the alley, surrounding Martinez, who matched the description given by the woman who called police, on both sides with patrol cars. Body camera footage shows that at least four police officers were present.

In the footage, an officer repeatedly told Martinez to sit down and remove his left hand from his pocket. When Martinez did not obey the orders, the officer pointed a gun toward him.

“I do not want to shoot you. I need to see what’s in your hand,” the officer told Martinez.

“Tell me, what am I doing though?” Martinez responded.

“You are being detained,” another officer replied. “We are investigating a possible crime.”

That officer then announced that he was going to shoot a rubber bullet at Martinez, but police said the non-lethal weapon he tried to use malfunctioned.

Several seconds later, Martinez appears to remove his hand from his pocket. Immediately, an officer yells out, “He’s got a gun!” However, it’s difficult to see in the footage what is in Martinez’s hand.

In the briefing, police said Martinez pointed the gun at an officer on the other side of the alley. That officer’s body-cam footage does show something in Martinez’s hand as he removes it from his pocket, while body-cam footage from an officer on the opposite side of the alley appears to show Martinez raising the item in the direction of the first officer, who had taken cover behind the door of his vehicle.

Two of the four officers in the alley immediately shot at Martinez, firing at least 13 shots and knocking him to the ground. Martinez died at the scene.

Police said they later determined that the object Martinez allegedly pointed at an officer was a replica gun and not a real one. The briefing did not say if any drugs were recovered at the scene, and police spokesperson Sgt. Phil Krynsky said Phoenix New Times would need to request the police report to obtain that information.

Investigation opened

Police said the officers involved were Justin Walker and Keith Busch, who have been on the force for eight and six years, respectively. Krynsky said the officers currently are assigned to non-enforcement duties.

The Maricopa County Attorney's Office opened a criminal investigation into the shooting, and police are conducting an internal investigation to determine if officers followed department policy.

Martinez’s killing comes several months after the U.S. Department of Justice released a long-awaited report, stemming from a nearly three-year investigation into Phoenix police. Among other conclusions, it found that Phoenix police have a pattern of using excessive and unjustified deadly force. Phoenix police have also been under renewed scrutiny since video was released of two cops beating a deaf Black man with cerebral palsy back in August. On Tuesday, that man, Tyron McAlpin, filed a claim for $3.5 million against the city of Phoenix.

The Phoenix City Council and many politicians, including Democratic Rep. and Senator-elect Ruben Gallego, have opposed a consent decree that would place the department under independent oversight. However, with police-friendly Republican Donald Trump set to reassume the presidency in January, it appears doubtful that the DOJ will be able to compel Phoenix police into a binding agreement.