Officer-involved shooting ruled justified by 4th Judicial District Attorney’s Office

COLORADO SPRINGS, Colo. (KRDO) - Colorado's 4th Judicial District Attorney’s Office (DA) has ruled an officer-involved shooting on March 13, 2023, as justified.

The DA's Office says that on March 11, 2023, Animal Law Enforcement (ALE) Officers were carrying out a warrant on a dangerous animal in a home in the 1000 block of Foote Avenue in Colorado Springs. ALE Officers discovered that a person in the home, identified as Jose Aponte, had a warrant out for arrest and called the Colorado Springs Police Department (CSPD).

CSPD and ALE arrived at the house. While a CSPD Officer was clearing the house with a drone, the dog in the ALE warrant bit him in the leg. The CPSD Officer shot and killed the dog.

On March 12, 2023, CSPD received a call from a neighbor about a disturbance between Aponte and his girlfriend. The neighbor told CSPD that Aponte was screaming and making physical threats. Aponte also said he wanted to "shoot it out" with police.

Officers determined that Aponte had four outstanding warrants. Just before midnight officers arrived at the house where Aponte's girlfriend gave permission for officers to search the house

While searching the house, officers gave numerous commands for Aponte to come out with his hands up. Aponte did not respond.

After clearing the house, Aponte's girlfriend told officers he was in the house. Police searched the basement again and found a crawl space where Aponte was hiding.

After locating Aponte, officers told him to show them his hands. He refused and hid at least one hand behind a large black trash bag. According to the DA's Office, Aponte told officers they shot his dog and now they would have to shoot him. Police responded that they did not want to shoot him.

Officers continued to tell Aponte to show his hands, totaling 19 commands given. During this interaction, Aponte grabbed an object on the floor. After failing to comply, officers tased Aponte. His hands then came up and officers saw he was holding a chrome object, later determined to be a flashlight.

Documents show that officers believed Aponte had a weapon so a CSPD officer fired three times. Officers immediately applied aid. They found four knives and plastic knuckles on Aponte.

Officers later determined Mr. Aponte had also violated an active mandatory protection order and detectives charged him with second-degree assault, a class 4 felony. Aponte pleaded guilty to the assault charge and was sentenced to four years in the Department of Corrections.

After a review by the Deadly Force Investigation Team, the shooting was ruled justified.