(COLORADO SPRINGS) — The 4th Judicial District Attorney’s Office (DA’s Office) has completed its review of a June 4, 2024, officer-involved shooting, concluding the shooting was justified.
According to the DA’s Office, just before 10 a.m. on June 4, deputies with the El Paso County Sheriff’s Office (EPSO) were called to a motor vehicle theft in progress in the 4300 block of Chamberlin South near South Academy Boulevard and B Street in Colorado Springs.
The suspect was identified as 33-year-old Michael Martinez by the reporting party and according to them, Martinez had a gun in his pocket and was allegedly attempting to steal a motorcycle from a relative at the home and the confrontation had started to become physical.
At 10:04 a.m., EPSO units including Deputies Matthew Klinedinst and Deputy Gregory Stoneham responded to the home. Deputies were told Martinez had forced his way into the home and was with two women, including his grandmother who could not walk independently.
Deputies allegedly asked Martinez to leave the home multiple times with his hands up. After several commands, deputies saw Martinez in the front door of the home behind his grandmother, placing her between him and deputies. Deputies commanded Martinez to release his grandmother and walk out with his hands up.
When Martinez allegedly refused to comply, Sergeant Jared Harmon and Deputy Stoneham approached the front door behind the cover of a ballistic shield as they continued to urge Martinez to release his grandmother.
Martinez continued to refuse verbal commands and the DA’s Office said Deputy Johnson fired one 40mm less than lethal foam round. Martinez carried his grandmother out onto the front lawn where she fell to the ground and Martinez allegedly ran from officers, during which time Deputies saw Martinez with a weapon.
The DA’s Office said Martinez aimed his weapon at Deputies and Deputy Johnson and Sergeant Harmon started firing at Martinez with their pistols. Sergeant Harmon fired four rounds while Deputy Johnson fired 17 rounds.
The report states Martinez was hit four times but he continued to run down the street towards an unmarked, unoccupied EPSO vehicle, which was locked. Martinez allegedly fired four to five rounds into the driver’s side window, climbed into the vehicle, and drove from the scene.
According to the report, ten minutes later Martinez was found at an apartment complex in the 1600 block of Lenmar Drive near I-25 and South Nevada Avenue.
Martinez survived his injuries and is facing charges of:
First Degree Assault of a Peace Officer with a Weapon
Third Degree Assault
Second Degree Motor Vehicle Theft
First Degree Kidnapping
Martinez’s next court date is Feb. 19.
The DA’s Office said in post-shooting interviews both Sergeant Harmond and Deputy Johnson recounted how they saw the gun when Martinez was running from Deputies and Deputy Johnson spoke about seeing the gun being aimed at them.
The DA’s Office said it determined the use of force was justified based on facts and evidence. The DA’s Office highlighted the multiple attempts to de-escalate the situation by ordering Martinez to release his grandmother, the deputies’ use of less-than-lethal means before escalating to deadly force, and the lack of time to issue additional verbal commands when Martinez was allegedly running from deputies wielding a gun.
