COLORADO SPRINGS — The 4th Judicial District Attorney’s Office has ruled that the officer-involved shooting which took place on Sunday, Oct. 3, 2021, was justified.
Colorado Springs Police Department Officer Chase Gardner was working an extra-duty assignment at the Walmart located on E. Platte Avenue, when he was contacted by Walmart Loss Prevention, alerting him that a suspicious person, later identified to be David Jacques, had left the location with items he had not paid for.
Jacques and his girlfriend were revealed on surveillance footage to have entered the store and taken items without paying. Officer Gardner contacted Jacques in the parking lot and informed him that he was under arrest for shoplifting but would be only receiving a ticket.
Jacques said “okay” to the officer and began reaching into his pocket. Officer Gardner told Jacques to stop reaching into his pocket and grabbed his arm. Jacques left the scene on foot with the officer in pursuit. Jacques continued to reach into his pocket.
Officer Gardner announced that he was going to tase Jacques and arced his taser. Jacques disappeared from view but was later located by the officer to be hiding under a parked car in a used car lot in the 200 block of N. Chelton Road.
Officer Gardner again told Jacques that he was only being issued a ticket but after more struggle and Jacques’ refusal to comply, the officer fired his taser. Officer Gardner dropped his taser and transitioned to his duty weapon.
Jacques fired his weapon, and Officer Gardner, believing that Jacques was firing at him, then fired two shots from his handgun, striking Jacques.
CSPD officers and the Colorado Springs Fire Department responded to the scene and administered aid to Jacques. He later died from his injures at a nearby hospital.
Recordings from all body-worn camera systems were reviewed as well as surveillance footage obtained from Walmart, Finishline Motors and Full Throttle. Jacques weapon was at the scene which was later found to be a stolen handgun reported stolen to the El Paso County Sheriff’s Office on August 23, 2021.
The vehicle Jacques was operating on the day of the incident was reported stolen to the Aurora Police Department on September 25, 2021. The license plate on the vehicle had been reported to be lost to EPSO on October 2, 2021.
Jacques was on probation at the time of this incident, and law enforcement officers believe that he was aware that there were active warrants out for his arrest for a felony.
