A Maricopa County grand jury decided against indicting a Phoenix police officer who the county attorney alleged used excessive force when taking a man into custody in October.

The Maricopa County Attorney’s Office had determined that officer Eddie Becerra’s actions on Oct. 27 warranted a criminal charge.

Two Phoenix officers were seen on video hitting and kicking a suspect who police say shot at the officers’ patrol car.  The incident occurred at a convenience store near 59th Avenue and Buckeye Road.

Prosecutors presented the case to a Maricopa County grand jury on Jan. 26 and included body-worn camera footage, surveillance video provided by the convenience store where the incident occurred and a video recorded by a bystander, the county attorney’s office said.

The grand jury declined to issue an indictment.

MCAO also reviewed the facts and evidence regarding the other officer, Nicholas Beck, but determined there was no reasonable likelihood of conviction for his conduct and did not seek a grand jury indictment.

The Phoenix Law Enforcement Association issued a statement from President Darrell Kriplean on the decision praising the decisions.

"The evidence provided by body cameras and surveillance footage is clear: after approaching and attempting to murder two phoenix police officers by opening fire at close range at their marked patrol vehicle, the suspect fled into the QuikTrip which was occupied by members of the community," he said in the statement. "The officers took swift and decisive action to prevent the suspect from hurting them or any of the customers inside of the QuikTrip and were able to arrest him. 

"We encourage the local media and members of the public to not jump to conclusions about officer-involved shootings or interactions until all facts are presented. Many prematurely reported this story solely based on cell video taken by a citizen which did not include the full context of the suspect's criminal actions."