(FOUNTAIN, Colo.) — Following the death of James Boyle in an officer-involved shooting, his widow, Shawna Boyle, has taken legal action against the Fountain Police Department (FPD). The lawsuit, filed in the wake of the 4th Judicial District Attorney’s decision not to prosecute the officers involved, alleges the use of unnecessary deadly force.
The incident, which occurred on May 20, took place when two FPD officers, Officer Zackary Corey and Officer Destin Alvarez, responded to a domestic disturbance call at the Boyle home. Upon their arrival, James Boyle questioned whether he was under arrest, to which the officers responded “no.”
“There was no warrant, he was unarmed, he wasn’t committing a crime, and then… an incredibly quick escalation for no reason… They ended up tasing him for 35 seconds straight,” said the family’s attorney, Daniel Kay.
The situation quickly escalated, after Boyle didn’t take his hands out of his pockets when officers asked, and he tried to walk back into the house Shawna still lives in today. This led officers to deploy a taser and shoot Boyle twice.
The confrontation with all four of them took place in a confined space in a fenced-in area only about three feet wide. Shawna recounted the events, remembering that she was standing next to her husband during the incident, and then officers pushed James, causing him to topple onto her. Other than that, she says the rest was a blur of chaos.
“It went too fast for you to think about it. I know I was screaming,” said Shawna.
Amidst all of this, the door was left open, allowing their dog Cid to bolt out and bite Officer Alvarez. This resulted in Alvarez firing his gun at Cid four times.
The incident left Shawna to confront the sudden absence of her husband and their dog, leaving her alone in the house for the first time since she married James 30 years ago.
“I wake up and think that he’s still there or my dog’s still there… But then when you think of what happened, it’s immediate anger, disbelief that that could happen.”
The District Attorney’s review of the incident states, in part, “While the facts present in
this case are concerning… the use of deadly physical force by Fountain Police Corporal
Zackary Corey on May 20, 2023, does not rise to the level of criminal liability.”
Shawna says she expected this outcome and remains resolute in her pursuit of justice. In response to the District Attorney’s ruling, the Boyle family’s attorney swiftly filed a lawsuit on Feb. 8, condemning the authorities’ actions as “rubber stamping the killing of James Boyle.”
Shawna emphasized that while she is seeking monetary damages through the lawsuit, she wants to stress the need for systemic change within the Fountain Police Department.
“I’m doing it for everybody else in Fountain. I don’t want other people to have to see that happen to their families… The most important thing is it needs to change. It needs to stop,” said Shawna.
FPD has yet to respond to requests for comment from FOX21 regarding the lawsuit.
