Use of force justified in Constitution Avenue officer-involved shooting

(COLORADO SPRINGS) — The use of force by officers and deputies against a group of teens in December 2023 has been ruled justified by the 4th Judicial District Attorney’s (DA) Office.

The investigation stemmed from a Dec. 16, 2023 incident in which three teens in a stolen car had tried to carjack other drivers. During one of the carjacking attempts, a suspect shot at the victims, hitting the car as it drove away. Thankfully, no one was injured in that attempt.


PREVIOUS COVERAGE: Teen allegedly pointed gun at deputy before Constitution officer-involved shooting

According to the review by the DA’s Office, after the carjacking attempts were reported, the stolen car was PIT-maneuvered by a marked Colorado Springs Police Department (CSPD) vehicle after being spotted at a fast food restaurant near Constitution and Powers Boulevard. A deputy with the El Paso County Sheriff’s Office (EPSO) also assisted with the arrest attempt, and as two CSPD officers and the deputy approached the disabled stolen car, the deputy called out that the passenger, a 16-year-old boy, had a gun.

Courtesy: Colorado Springs Police DepartmentCourtesy: Colorado Springs Police DepartmentCourtesy: Colorado Springs Police DepartmentCredit: Photojournalist Jeff ZideCredit: Photojournalist Jeff Zide

The 16-year-old then raised the gun at the deputy, at which point one of the CSPD officers fired twice at the suspect, hitting him in the back. The suspect was handcuffed and provided aid before being taken to the hospital. The teen survived his injuries, the DA’s Office said.

The 15-year-old driver of the car ran from the scene and was later caught, and a teen girl who was also in the car was arrested.

In its assessment of whether force was justified, the DA’s Office said that both the EPSO deputy and the CSPD officers had prior knowledge of the suspects’ involvement in attempted carjackings the night of the incident and the fact that the suspects had a weapon they had fired at one of the carjacking victims. This established the suspects as a danger to the community and responding officers.

The deputy and the officers also announced themselves as law enforcement before the force was used, and the suspects had repeatedly ignored commands from officers. Due to these factors, the use of force to subdue the suspect and make the arrest was deemed justifiable.

“Under both generally-applicable standards for self-defense/defense of others and police-specific standards authorizing police use of physical force to effectuate an arrest… [the officer’s] two shots were a justifiable use of force to stop and to effectuate the arrest and neutralize the threat posed by [the suspect], who created an active, deadly threat to [the deputy],” the DA’s Office said.

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