Denver District Attorney John Walsh has cleared an Adams County sheriff's sergeant and a Colorado State Patrol trooper investigator of any wrongdoing in a June shooting that left a 35-year-old man wounded outside a West Denver gas station, finding that both officers acted lawfully when they fired 13 shots at a man they believed was armed with a handgun. The object turned out to be a lighter designed to look like a firearm.
The shooting happened June 2 at a Sinclair gas station near W. 6th Avenue and Santa Fe Drive, according to Denver7. Joshua Jackson, 35, drove a stolen Ford F-350 traffic-control work truck to the station around 11 a.m. that day. The truck had an active GPS tracker that allowed authorities to follow it, along with an onboard camera that captured images of the suspect, helping Sgt. Lon Trail of the Adams County Sheriff's Office and Trooper Investigator Colton Hernandez confirm Jackson as the person they were looking for.
The two officers arrived at the gas station in separate unmarked police vehicles and ordered Jackson to stop, per the outlet's account. Jackson instead fled into the gas station store, where he pulled a black object that looked like a firearm from his sweatshirt pocket and held it in his right hand. Officers ordered him to drop the gun.
Store Video Shows Object Directed at Officer
Store surveillance video reviewed in the investigation showed Jackson carrying the object that appeared to be a handgun and raising his arm to direct it toward Trail, the same Denver7 report states. Trail and Hernandez fired their weapons over the course of several seconds, discharging 13 shots combined — 10 from Trail and three from Hernandez.
Walsh determined that the officers reasonably believed they faced imminent danger of serious bodily injury or death from Jackson during the encounter, and that they also reasonably believed Jackson was reaching for the object after he dropped it. Based on those findings, the district attorney's office concluded the officers had legal justification for firing.
Jackson sustained gunshot wounds to his face, right upper back, left arm and left thigh, along with a graze wound to his left forearm, according to the report. The object he had been holding was later identified as a lighter designed to look like a firearm rather than an actual gun.
Charges Against Jackson and Officers' Leave Status
Jackson was charged with allegedly stealing the F-350 traffic-control truck. The Denver Post additionally reported that he faced charges of auto theft and possession of a controlled substance with intent to distribute. Both Trail and Hernandez were placed on paid administrative leave while the shooting investigation proceeded, the newspaper noted at the time.
Walsh's determination means neither officer will face criminal charges over the shooting. Colorado district attorney offices in other jurisdictions, including the 23rd Judicial District, have said that when no criminal charges are filed following an officer-involved shooting investigation, the district attorney's office is required to post its findings report on its website. Separately, Boulder County's district attorney's office has described issuing a decision letter of findings in cases where charges are not filed.
