No charges in Safeway shooting By Jon Hutchinson, Staff Reporter
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VVN File photo
Investigators say James Orsini had threatened Cottonwood's Jim King with this medieval ax.
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Saturday, April 05, 2008
Shooting was ‘justified’ says County Attorney
James King will not be charged with shooting and killing James Keith Orsini.
Orsini, 47, was shot twice in the Safeway parking lot Feb. 22 in what the Yavapai County Attorney's Office concluded was a case of "lawful self-defense. "
The Yavapai County Attorney's Office's decision was delivered to the police department Thursday.
The lawyers had reviewed the case since Cottonwood police finished their investigation.
The conflict, police say, grew out of a case of "road rage," and played out in an area that was highly visible to motorists and shoppers in the south parking lot of the Safeway grocery store off State Route 89A. There were a number of eyewitnesses in the parking lot.
The drivers had been in the two left-turn lanes traveling side by side as they turned from SR 260 onto SR 89A. Sometime during that turn, Orsini's small Jeep pickup apparently bumped or brushed the larger Dodge Ram pickup driven by James King. At that point, Orsini pulled in front of the King vehicle and motioned with his arm to follow. King told police that he thought they would pull over right away, but Orsini did not do so until reaching the Safeway entrance.
The vehicles pulled into the fire lane with Orsini's Jeep in front and King's Dodge behind him.
King reportedly got out of the truck and reached for his wallet to exchange insurance information and lost his footing on the slippery pavement and fell.
That's when Orsini asked, "Do you want a piece of me?" He began to approach King. King, 59, regained his footing as Orsini approached him with what police are describing as a replica or medieval hand ax. King is reported to have warned the man to "get away. " Orsini continued to be aggressive.
King reached into the truck and grabbed his . 45-caliber handgun that was in a holster. As Orsini lunged at King wielding the ax above his head, he was shot in the arm and in the chest, fell to the ground and died shortly afterward.
Orsini fell just outside the driver's side door of King's truck.
The report says that Orsini was in the act of committing a dangerous aggravated assault with a deadly weapon and King shot the man to protect his own life.
Further, the Yavapai Medical Examiner's report states that Orsini had his arm raised and was leaning forward when he was shot, consistent with witness statements.
Toxicology tests found marijuana in Orsini's system at the time of the shooting.
Police spokesman Sgt. Gary Eisenga said Orsini does not have a recent record for other than a traffic offense. He was charged in 1999 with criminal damage.
James King is licensed to carry a concealed weapon, but police say the weapon was not concealed at the time.
Deadly physical force is justified according to Arizona Revised Statutes when "a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force. "