Four officers who shot and killed an armed man in Federal Heights were justified in their actions and will not face any criminal charges related to the incident, according to a review of the December officer-involved shooting.
The office of 17th Judicial District Attorney Dave Young reviewed the Dec. 6 shooting of 24-year-old Hunter Steven James Lowry and determined that the officers feared for their lives, and the lives of others, when Lowry pointed a hand gun at the officers.
Four officers, including one with a rifle, shot Lowry 26 times, according to the review. The Adams County Coroner’s Office, as part of its autopsy, found that Lowry tested positive for methamphetamine.
“There is no reasonable likelihood of success of proving beyond a reasonable doubt that the officers involved committed any crime; therefore, no criminal charges will be filed against any officer as a result of the incident,” said the review signed by Young on Monday.
Lowry, according to the review, had robbed several items from an auto parts store in Federal Heights and fled in a vehicle. Just before fleeing, an employee tried to pull Lowry from the vehicle, but Lowry cut the employee’s finger with a sharp object. During the interaction, the employee’s cellphone fell into Lowry’s vehicle. Police were able to use the “find my phone” app to track Lowry and his vehicle.
Cpl. Joey Montoya, of Federal Heights police, spotted Lowry at West 92nd Avenue and Pecos Street, according to the review. Lowry, in his vehicle, fled the scene, ran a red light and crashed into another vehicle in the area of West 92nd Avenue and Federal Boulevard.
Lowry fled the crash on foot, heading northwest from the intersection, with officers from Federal Heights, Westminster and Thornton in pursuit. Lowry was spotted jumping a fence from an automotive business into a parking lot of a townhome complex.
Lowry was running through the parking lot with a “silver metallic object in his hand.” At the same time, there was a report of shots fired in the area, the review said.
Officers yelled at Lowry, commanding him to stop. He did not. A Taser was fired and it dropped Lowry to the ground. At that point Lowry dropped a hand gun. As officers closed in Lowry, reached for the gun, grabbed it and pointed it at the officers, the review said.
Montoya, who was armed with a rifle, fired. Officer Garrett Dyrud, of Thornton, and officers Anthony Stroup and Josh Azua, of Westminster; also fired. When the gunfire stopped, Azua approached and kicked the handgun away from Lowry, according to the review.
Lowry’s handgun is described as a Cobra CB9, 9mm two-shot pistol. “This pistol was loaded with two fired rounds in the pistol, which is consistent with the firing of two rounds the officers heard when they initially arrived,” the review said.
Recovered at the scene were 20 .9mm shell casing and 14 .223 shell casings.
“Each of these officers explained that at the time they fired their weapons they were in fear for their lives and the lives of their fellow officers,” the review said. “The evidence does not support the fling of any criminal charges against any of the involved officers.”
Source: Read Full Article