DENVER — An Adams County sheriff's deputy and Colorado State Patrol trooper will not be facing charges in connection with a shooting that injured a 35-year-old man suspected of stealing a truck in June.
According to Denver District Attorney John Walsh, neither Sgt. Lon Trail Trooper Investigator Colton Hernandez will be charged.
The shooting happened on June 2 at a Sinclair gas station at the intersection of W. 6th Ave. and Santa Fe Dr.
Walsh detailed the decision in a letter to Adams County Sheriff Gene Claps and CSP Chief Matthew Packard, and Walsh wrote that "I have concluded that both Sgt. Trail and Investigator Hernandez acted lawfully and that no criminal charges will be filed against either of them."
The suspect, 35-year-old Joshua Jackson, is charged with allegedly stealing the F-350 traffic control work truck on the morning of June 2. Officials said the truck had an active GPS that allowed it to be tracked and a camera showing images of the suspect, later identified as Jackson.
Around 11 a.m., the DA's office said Jackson drove the truck to the gas station, got out and walked to the south side of the store. Trail and Hernandez arrived in separate unmarked police vehicles and confirmed it was the suspect.
The two ordered Jackson to stop, but he took off and entered into the store, while officers stayed outside and watched through the glass windows.
"From his sweatshirt pocket, he pulled out what appeared to be a black firearm and held it in his right hand. When he reached the north end of the aisle, he turned left and looked at the officers outside. Both officers yelled loudly multiple times for Jackson to drop the gun."
Watch below: News conference: from the shooting on June 2
Later, it was determined that the gun was actually a lighter designed to look like a firearm. Video from the store shows Jackson carrying the lighter that appeared to be a gun, and even raised his arm and directed it toward Trail.
Both of the law enforcement officers fired shots over the course of several seconds, and Walsh wrote that they had justification for firing the shots.
"I find that when each officer fired their final shots, it was reasonable for them to believe they were in imminent danger of receiving serious bodily injury or death from Jackson, and using less than deadly physical force was inadequate to defend themselves," Walsh wrote.
In all, 13 shots were fired — 10 from Trail and three from Hernandez. After firing the first shots, Walsh said that he found it reasonable for them to believe Jackson was going for the gun after he had dropped it.
Jackson sustained gunshot wounds to his face, right upper back, left arm, left thigh and a graze wound to his left forearm.
You can read the full letter from Walsh below
