The man, later identified as 41-year-old Carlos Fregoso, was the 11th person killed by Phoenix police so far in 2024 — though another was killed on Nov. 5, bringing the total to 12. The previous year, police shot and killed 12 people, an increase from 2022 when Phoenix cops killed 10.
Dispatch audio and body camera footage of the officer’s pursuit and shooting of Fregoso was released Tuesday 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.
A chase and a barrage
On the night of the shooting, according to the department, police responded to an armed burglary report, made by a woman police have not publicly identified. Via text message, she informed a 911 operator that the suspect was armed. According to dispatch audio included in the briefing, police had been told that the suspect had “ongoing issues” with the woman and had “made death threats” against her.The woman also informed police that the subject had driven off in a gray Chevrolet Silverado, though police said the truck was still parked in front of the house when officers arrived. Body camera footage shows an officer opening the driver-side door of his police vehicle and unholstering his gun. At this time, the Silverado then drove off.
The footage shows the officers in hot pursuit of the truck, though it does not show the Silverado, and no audio is heard for much of the chase. Police said Fregoso lost control of the truck and hit a wall, at which point the officers pulled up to the vehicle. Footage from the second officer’s body camera shows that the truck’s front is smashed.
According to the footage, Fregoso opened the rear driver-side door before quickly closing it and emerging seconds later from the passenger-side rear door. The video shows him dropping something that police say was a gun, though the video is too blurry to see what the object is. Whatever it was, Fregoso quickly retrieved the object before running from the officers.
During the pursuit, the officers yell at Fregoso to drop the gun before opening fire in a quick succession of shots. The briefing claims that Fregoso pointed a gun at the two officers, although because the officers were running, the body-cam footage is shaky and does not show that moment clearly. Fregoso fell to the ground in a driveway, and several seconds passed before the officers fired again. Before that second round of shots, footage from the second officer’s camera appears to show Fregoso on the ground, slowly reaching toward what officers said was a gun.
Though it is hard to say for sure, it appears the two officers fired at least 15 shots at Fregoso. It is not clear how many struck Fregoso. Police said the officers provided medical aid to Fregoso, who died at the scene.
Police also said they recovered two handguns from the scene and found a rifle in Fregoso’s pickup truck.
Phoenix police said they recovered two guns allegedly belonging to Carlos Fregoso after he was shot and killed by police.
Phoenix Police Department
Investigation opened
Though it is unclear which officer is which in the video, the department identified the two officers involved as Peter De La Pena and Michael Flores, who have been on the force for two-and-a-half years. A spokesperson for the department has not responded to a question about whether they remain on active duty.The Maricopa County Attorney's Office opened a criminal investigation into the shooting, and police are conducting an internal investigation to determine if the officers followed department policy.
Fregoso’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. The department also has been under renewed scrutiny since video was released of two cops beating a deaf Black man with cerebral palsy in August.
The Phoenix City Council and many politicians, including Democratic Rep. 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.
