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Commonwealth's attorney: Officers justified in use of deadly force during Virginia Beach domestic incident; no charges to be sought

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Posted at 8:55 PM, Jun 10, 2021
and last updated 2021-06-10 20:55:36-04

VIRGINIA BEACH, Va. - The Virginia Beach Commonwealth's Attorney's Office announced Thursday it has completed its investigation into a fatal officer-involved shooting that happened in September.

Virginia Beach Commonwealth's Attorney Colin D. Stolle said Virginia Beach Police were justified in their use of deadly force when responding to a domestic incident involving 49-year-old Refugio Reynaldo Olivo Jr., adding they were acting in defense of the victim, Olivo's wife.

As a result, Stolle announced no criminal charges will be placed against the officers who fired their weapons in the incident.

A recording of the 911 call, body camera footage, medical records, a toxicology report and various interviews were reviewed during the investigation.

On September 6, 2020, at 4:24 a.m. officers were called to the 300 block of Garrison Place for the incident, which was in progress when police were called.

When officers arrived, they encountered Olivo, who police say was armed with knives. They say Olivo retreated to another room in the house, taking the victim with him, and barricaded the door.

Officers breached the door and saw Olivo restraining his wife, who police say was suffering from an obvious injury. Two officers fired their weapons and hit Olivo, then gave aid to both Olivo and Olivo's wife as EMS arrived.

Olivo was pronounced dead on scene, while his wife was hospitalized with serious injuries, police said.

In a summary of the facts released Thursday, Stolle said Olivo's son called police saying Olivo was drunk, that Olivo had hit his mother and threatened to kill her.

Stolle also said from the time the first officer arrived on scene to the time officers fired their weapons, Olivo was told to drop the knives "at least" 11 times. Officials also say "at no time did officers witness" Olivo's wife acting aggressive toward him in any way.

Stolle ended the report saying "the officers actions prevented serious bodily injury or death" to Olivo's wife.

Click here to read the Commowealth's Attorney's Office's full account of that night's incident.