Pasco officers justified in shooting 2 murder suspects, killing one of them, prosecutor says

Pasco police were justified when they shot two at murder suspects during a May 2020 manhunt, according to the Franklin County prosecutor. One man was killed and his cousin was wounded.

Juan M. Montalvo, 25, was wearing body armor, had a pistol and was carrying several magazines loaded with ammunition when he began shooting at the officers, said Prosecutor Shawn Sant in a news release detailing his findings.

His cousin, Miguel A. “Terco” Montalvo, then 21, had six spent shells in a revolver near his hand. And at least one of those bullets hit a nearby police car.

“The officers responded with lethal force to stop the threats of grave danger and such actions were necessary to preserve their lives and lives of other residents in the area,” Sant said.

The gun battle ended with Juan M. Montalvo dead and Miguel Montalvo wounded and now facing 15 counts related to the confrontation with the officers and two shootings at an East Lewis Street home. His trial is set for Feb. 15.

The Regional Special Investigations Unit — with detectives from Benton, Franklin and Walla Walla agencies — investigated the use of force. And the team’s final report was sent to the Franklin County Prosecutor’s Office to determine if the officers should face criminal charges.

Sant released his findings Wednesday afternoon.

“Our office typically avoids releasing information on pending charges, but due to the age of this matter and the public’s interest relating to officer use of force cases, our office determined it was necessary to release limited findings,” Sant wrote.

Deadly Pasco shooting

Pasco police had been looking for the Montalvo cousins for about 2 1/2 weeks after three men opened fire on a home, killing Luis “Oso” Contreras and hurting two others.

The three gang members had carefully planned the April 2020 shooting — down to the location of surveillance cameras and what direction they point, said detectives at the time.

Their accomplice was arrested but police were still looking for the Montalvos.

Then on a Sunday morning, the two wanted men returned to the original scene, kicking in the front door and wearing masks, in an apparent attempt to kill the witnesses, according to court documents.

They again opened fire on several people at the house, hitting two and leaving a mother, father and young child running for their lives, documents said.

Police shooting

The suspects fled in a stolen car and after searching for several hours, officers closed in on them at a home on North 12th Avenue.

Detective Joshua Glass and Officer Eric Fox were watching the home from an alley when Glass saw Juan Montalvo walk into the alley and turn toward them. And Miguel Montalvo immediately followed.

The officers shouted commands and their body-cams picked up the sound of gunfire, Sant said in the release. The officers returned fire and both men were hit several times.

Juan Montalvo died at the scene, and Miguel Montalvo was taken to a local hospital.

Sant said police found a 9mm Glock pistol within feet of Juan Montalvo’s body. The firearm’s slide was locked back. Along with a loaded magazine in the gun, investigators found several spent 9mm shell casings near his body, a magazine under his body, another in his pocket and several loose bullets in a pocket.

A .38 Special revolver with six spent bullets inside was found near Miguel Montalvo, said investigators.

The location of the suspects and the guns matched what was shown in the video, Sant said.

Investigators also discovered that two bullets had punched through the windshield of one of the police cars. Another bullet hit the front bumper of a cop car and flattened the tire.

An analysis showed the shot to the bumper came from Miguel Montalvo’s location.

After looking at the evidence, Sant said the officers “took reasonable and necessary action” to stop the threat.