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Eaton man injured in police shooting facing charges for firing at officers

Officers were legally justified in shooting, DA says
Eaton police shooting_Sept 24 2021
Posted at 10:26 PM, Nov 12, 2021
and last updated 2021-11-13 00:27:30-05

WELD COUNTY, Colo. — The Weld County District Attorney has determined two Eaton police officers were legally justified when they shot a man who was allegedly firing at them in September.

Officers with the Eaton Police Department responded around 1:30 a.m. on Sept. 24 to a report of a disturbance in the 1200 block of Aspen Court, according to the Weld County Sheriff’s Office.

When officers arrived, a man fired at them multiple times, the sheriff’s office said. The officers returned fire, striking the man, who has since been identified as Levi Miller, 30.

The Weld County Critical Incident Response Team investigated the shooting. After turning over its investigation to the Nineteenth Judicial District Attorney’s Office, District Attorney Michael Rourke determined the two officers who discharged their weapons were legally justified in their actions.

Miller was treated at the hospital for his injuries and now faces multiple charges, including:

  1. Criminal attempt to commit first-degree murder
  2. Criminal attempt to commit first-degree murder
  3. First-degree assault
  4. First-degree assault
  5. Crime of violence
  6. Criminal attempt to commit manslaughter 
  7. Criminal attempt to commit manslaughter

Miller is scheduled for court on Dec. 21.