(FOUNTAIN, Colo.) — A complaint has been filed against the Fountain Police Department (FPD) and two of its officers on behalf of the family of James Boyle, who was shot and killed by officers during an altercation at his home on May 20, 2023.

The complaint claims that the FPD officers used unnecessary deadly force in the altercation with Boyle, because they had not issued a warrant, and Boyle had not committed a crime. It claims that there was “no reason for him to have been beaten, tased, and shot in the back resulting in his death” and that the District Attorney’s ruling essentially approved the killing of a civilian.

During the altercation with Boyle, Officer Destin Alvarez was attacked by Boyle’s dog and shot the dog, killing it. Corporal Zackary Corey grabbed Boyle as Boyle turned to go back inside his home, and a struggle ensued, including Boyle being tased. The complaint states that Boyle did not resist officers, however Corporal Corey pulled his gun and shot Boyle twice in the back, which ultimately killed him.

The incident was investigated by The Deadly Force Investigation Team, which conducted interviews and analyzed video footage from body cameras of the altercation. They concluded that Officer Alvarez was justified in shooting the dog since he was reasonably afraid of being seriously injured or killed by the animal.

The team’s report was less conclusive about Corporal Corey’s actions. The 4th Judicial District Attorney’s (DA) Office completed its ruling of the incident, determining that Corporal Corey’s actions were “concerning but do not rise to the level sufficient to support criminal charges.”

The civil lawsuit filed Thursday, Feb. 8, on behalf of Boyle’s family, takes issue with the DA’s ruling, and the officers’ actions against a community member.

“Mr. Boyle never made any threatening gestures or motions that suggested he was going to do anything other than return to his residence as he was lawfully entitled to do,” the complaint alleges. “It was clear that Mr. Boyle was simply trying to leave the area to escape from the police who without any justification beat, tased, and shot Mr. Boyle.”