MEMPHIS, Tenn. — A theft charge that had been added to a long list of charges against an accused carjacking suspect who was shot by a Memphis Police officer in May has been dismissed.
Jairo Ponce, 29, remains charged with aggravated robbery, carjacking, aggravated assault on a first responder, employment of a firearm during the commission of a dangerous felony, and evading arrest in auto.
During a court hearing Tuesday, June 20, for the shooting, the case was sent to the grand jury for possible indictment. Ponce also faces an aggravated burglary charge for a case that happened just days before the shooting. That case was sent to the grand jury on July 6.
The theft charge came from an incident on May 25, just days before the shooting. According to the affidavit, RING camera video showed a man identified as Ponce walking through a yard with a gun. The affidavit said that same man in the same clothing had just tried to rob a man minutes before the video was taken. The charge was dismissed Sept. 14 due to a "lack of prosecution" according to court records.
The shooting involving MPD
MPD said about 2:45 p.m. Tuesday, May 30, 2023, officers responded to a call about a robbery in the 700 block of Eastern Dr. Investigators said the victims were doing yardwork when an armed man, later identified as Ponce, approached their vehicle, a Chevrolet Trailblazer with a utility trailer, according to the affidavit.
The victims told police Ponce got into their Trailblazer and pointed guns at them, demanding they get away from him. The two said Ponce then took off west on Tutwiler Ave.
According to the police affidavit, the victim's were tracking one of their cell phones, and that helped officers locate the vehicle in the area. MPD said when officers spotted the stolen vehicle, Ponce refused to stop and they began a chase.
Investigators said Ponce bailed out in the 800 block of Eastern and fired a shot at an officer, and the officer returned fire, hitting Ponce once. According to the affidavit, he was hit in the thigh.
MPD said no officers injured.
MPD said Ponce was taken to Regional One Hospital in non-critical condition, and charged when he was released.
The burglary charge
Police said the burglary case against Ponce occurred on May 25, 2023, a few days before the shooting.
According to the court affidavit, a victim said he had left his back door unlocked and was is in bedroom when he heard someone else inside the home. The affidavit said the victim went into his living room and saw a man, later identified a Ponce, with a bible. When he told him to leave, the victim said Ponce pointed a gun at him, and when the victim asked a second time, Ponce left.
According to the affidavit, less than two weeks later, an investigating officer watching surveillance video of the home burglary recognized Ponce from the shooting on May 30.