DA Hayden rules off-duty BPD officer justified in 2025 fatal shooting

BOSTON, October 21, 2026 – Suffolk District Attorney Kevin Hayden today released a report concluding that Boston Police Officer Jose Valenzuela used justifiable force in the March 1, 2025 fatal shooting of Lemark Jaramillo, 32, at the Chick-fil-A restaurant on 569 Boylston Street in Boston.

“At the time he was shot, Mr. Jaramillo had ignored commands to drop a knife and was attempting to stab a 17-year-old male he had chased into the restaurant in retaliation for a fight moments before. Officer Valenzuela fired his off-duty handgun in a lawful use of force that was necessary to prevent Mr. Jaramillo from killing or seriously wounding the younger male or anyone else. Therefore, I have determined that criminal charges against the officer are not warranted,” Hayden said in the report.

The link to the report is here.

The link to the redacted investigative file is here.  Note that this link will expire in 30 days.

All charged individuals are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Suffolk County District Attorney Kevin Hayden’s office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.

James Borghesani, Chief of Communications