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Boulder DA: Officer justified in firing gun during hostage situation

Officer Bryan Pedigo was legally justified in firing his weapon during a hostage situation on Nov. 28, according to a district attorney decision based on an investigation into the incident.
Boulder man barricaded inside home Broadway near Iris 11-28-22
Posted at 4:54 PM, Feb 02, 2023
and last updated 2023-02-02 18:54:07-05

BOULDER, Colo. — A Boulder police officer who fired his weapon during a hostage situation in November was justified in doing so, according to district attorney decision based on a use-of-force investigation done by Boulder County.

Officer Bryan Pedigo was among the officers who responded to the scene on Broadway near Iris Avenue, where an apparent hostage situation was unfolding on Nov. 28. While attempting to rescue two people from inside the home, Pedigo confronted the suspect, John Lee Fleming.

According to a report released by the Boulder County district attorney, Fleming ignored Pedigo’s commands and instead pulled “a black metal object with a hole in the front” out of his pocket. That’s when Pedigo fired a single gunshot.

No one was hit by the gunfire.

“Based on Officer Pedigo’s reasonable belief that Fleming was armed with a gun that was raised and aimed in his direction [...] it is the District Attorney’s conclusion that Officer Pedigo’s actions was (sic) legally justified and are not subject to criminal prosecution,” the report reads.

The report does not say if the object in Fleming’s hands was indeed a gun.

Fleming, who then barricaded himself inside the home for nearly three hours before being taken into custody, was charged with felony menacing and assault charges stemming from the incident.

A report on the findings wasn’t required because no one was injured, but district attorney Michael Dougherty said it was released “in the interest of transparency.”


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