A Cochise County man shot in the chest after pointing a long-barreled gun at a sheriff’s deputy last year has been ordered to appear in court for a Feb. 14 pretrial conference.
Helgar Rosas must attend next month’s proceeding at which time Judge Timothy Dickerson of the Cochise County Superior Court could set a jury trial date. Because Rojas is out of custody on bail, his speedy trial deadline is June 22, according to court records.
Rosas, 40, was shot on Nov. 1 by Deputy Rene Meza of the Cochise County Sheriff’s Office following a reported disturbance at the Rosas residence in Hereford, an unincorporated rural community south of Sierra Vista. The weapon he pointed at Meza as the deputy took cover behind a vehicle was later identified as a high-velocity air rifle which fires projectiles that can be lethal at close range.
Detectives with the Sierra Vista Police Department conducted the investigation of the incident at the request of Cochise County Sheriff Mark Dannels. One piece of evidence they examined was the 911 call which led to Meza being dispatched to the residence at the request of a family member.
The 911 operator kept the recorded line open, capturing comments by Rosas and others in the home. As Meza arrived on-scene, Rosas was heard on the recording yelling “I’ve been waiting for you” followed by an expletive.
But the key evidence for detectives was footage captured from Meza’s body cam, which he activated when dispatched to the call.
According to the body cam footage, Rosas came out of the house armed with the weapon just seconds after Meza’s arrival. The deputy retreats and seeks cover behind his patrol vehicle while also repeatedly ordering Rosas to put down the gun.
In response, Rosas made comments which suggested he wanted to be shot by Meza. He also began to move toward the deputy, who continued to try to protect himself from the approaching Rosas.
When the two men are only a few feet apart Rosas raised the rifle and told Meza to “kill me.”
Faced with a shoot or be shot situation, Meza fired one round from his duty handgun, striking Rosas in the chest. Rosas was later airlifted to a Tucson hospital where he spent a few days receiving treatment for internal injuries.
An initial criminal complaint was filed on Nov. 5 against Rosas, who was not taken into custody until Nov. 9. He was released from jail three days later after Azteca Bail Bonds posted a $50,000 secured bond.
On Nov. 30, Cochise County Attorney Brian McIntyre informed Meza the shooting was justified in accordance with Arizona’s use of deadly force law.
“Under these circumstances, no reasonable person could conclude the shooting was not justified,” McIntyre noted.
Meza returned to duty after a routine period on paid administrative leave.
The county attorney’s office formally filed charges against Rosas on Dec. 22. Three felonies accuse Rosas of aggravated assault against a peace officer engaged in official duties, aggravated assault by placing a peace officer “in reasonable apprehension of imminent physical injury,” and aggravated assault with a deadly weapon or dangerous instrument.
A sole misdemeanor charge is related to domestic violence disorderly conduct.
Rosas is being represented by Joel Larson, a deputy legal defender with Cochise County. The case is being prosected by Terisha Driggs.
Public records show Rosas has a conviction from 2002 involving marijuana sales. The conviction was reduced to a misdemeanor after Rosas completed a term of probation.
In 2010, Rosas was placed on probation again for a conviction related to assault and theft. Then in 2016, Rosas was convicted of unlawful flight from a pursuing law enforcement vehicle. He was placed on probation in that case as well, completing the three-year term in July 2019.
