# Flagstaff Officer Shoots Man After Getting Pepper Sprayed



## RodneyFarva (Jan 18, 2007)

This is from 2019 and I don't recall if it had ever been posted here. 








Just after 4 p.m. Monday, Officer Nick Rubey approached 52-year-old Matthew Dearing, who had a warrant for his arrest, Flagstaff police said. 

The first few minutes of the video show Dearing and Rubey speaking to each other cordially, with much of the conversation focusing on problems Dearing said he was having with his bike.

Eventually, Rubey asks Dearing if he "still has that BB gun," and Dearing replies that he does not. Rubey then asks if Dearing has any other weapons on him, and Dearing says he has a knife.

He asks the officer why he is asking him those questions.

"I like to know where weapons are," Rubey responds."You're usually pretty chill, but some people aren't. I try to ask everybody, keep it consistent. Don't want to treat people differently, know what I mean?"










A few seconds later, Rubey says Dearing is under arrest for an outstanding warrant, prompting Dearing to jump off his bike and ask what the arrest is for. 

Rubey does not answer the question, but eventually gets Dearing on the ground as Dearing continues asking what the arrest is for and hurling expletives at the officer.

Rubey continues ordering Dearing to stay on the ground, but Dearing eventually gets back on his feet and tells the officer not to "attack" him.

"You're going to get (pepper) sprayed if you don't get on the f--king ground right now," Rubey says.

Dearing does not immediately get on the ground and Rubey deploys his pepper spray.

Dearing reaches toward his waistline and retrieves what Rubey believes is a knife. 

Rubey tells Dearing to drop the knife, and Dearing responds that it's not a knife while simultaneously spraying pepper spray at Rubey's face.

Rubey then fired his gun toward Dearing, striking him once in the neck area, police said.

Dearing immediately falls to the ground. Several groans and expletives are heard from Dearing as Rubey and a backup officer render first aid.

Dearing was transported to Flagstaff Medical Center, where he remains hospitalized and in police custody, officials said.

Rubey sustained minor eye injuries and received medical treatment at the scene, police said. He has been placed on administrative leave pending an investigation, officials said.

Flagstaff police said Rubey has 2½ years of experience.

Charges against Dearing are pending his release from the hospital, police said. It was not immediately known what prompted the warrant for his arrest.


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## FAPD (Sep 30, 2007)

Yeah this was posted before I think. Active resistance then quick alarming object produced from waistband and used to assault. What's the issue?


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