PHOENIX — A retirement board granted early accidental disability retirement to a former Tempe police officer who fatally shot a teenager who was holding a replica gun and fleeing from a vehicle burglary.
The Arizona Republic reports the decision means Officer Joseph Jaen can receive a pension.
Jaen resigned in May.
An accidental disability is one that occurred while the employee was on the clock and permanently prevents the employee from doing his or her job.
Jaen worked as a Tempe police officer for 14 years and previously served three years with the Bullhead City Police Department.
Prosecutors are reviewing the case to determine if the use of force was justified and if any criminal charges should be filed against Jaen.
The Jan. 15 shooting occurred as Jaen was responding to a call of a suspicious car.
The officer spotted 14-year-old Antonio Arce allegedly burglarizing a truck.
Arce fled while holding a replica gun.
Police say Jaen fired his weapon because he thought the teen’s gun was real and perceived a threat.
Body-worn cameras show Arce didn’t appear to turn around or point a weapon at Jaen.