4th Judicial DA issues review of May 2023 shooting of man and dog by Fountain PD

EL PASO COUNTY, Colo. (KRDO) - Colorado’s 4th Judicial District Attorney’s Office has completed its review of the officer-involved shooting that occurred on May 20, 2023, in Fountain.

RELATED: Fountain Police shoot man, kill dog after domestic disturbance call

According to the DA's Office, two Fountain Police Department (FPD) officers responded to 3 Taos Circle on May 20, 2023, regarding a domestic disturbance involving James Boyle. Officers had been to the same address for the same reason the night before. Bret Boyle, James and Shawna Boyle’s adult son told the officers that his father was threatening to kill his mother and that James Boyle “has put his hands on [Shawna], he has sexually assaulted her in the past.” He showed the officers his phone which contained video and audio recordings of his father making threats towards his mother. Additionally, Bret stated his father was on a methamphetamine binge, and said, “this isn’t new, it’s just getting worse.” In the recordings Bret presented to law enforcement, James Boyle could be heard telling Shawna Boyle, “If you call the cops again, I’ll beat the shit out of your face,” and “Call me a fucking liar, I’ll kill you.” Bret Boyle also informed the officers his father had access to firearms inside the residence. The officers then decided to contact Shawna Boyle to gain more information, potentially obtain a protection order for her, and further investigate the domestic disturbance claim.

The DA's Office said the officers then parked in front of the residence, called Shawna Boyle, and asked her to come outside. Both she and James Boyle came out and the officers asked James Boyle to come over and talk to them. He said, "I am not coming over to you, am I under arrest?" The officers told him no but that they had received multiple calls about domestic disturbances at the residence. The DA's Office said James Boyle then said "How is that possible," backed away from officers, moved towards the front door of the residence, and put his hands in his pockets. The officers told him to take his hands out of his pockets, at which point he immediately turned and began opening the front door. One of the officers grabbed him to prevent him from going inside the trailer, at which point a "physical altercation" occurred between James Boyle and the two officers in the fenced-in front yard.

According to the DA's Office, at the same time the altercation began, the family's pit bull escaped the residence and attacked one of the officers, pulling him to the ground and biting him on the face and arm. The officer broke free from the dog and while still on the ground, shot the dog four times, killing it. At the same time, the other officer was holding James Boyle at gunpoint and warned him, "I will shoot you if you come at us again." At that time, James Boyle stood up and began to move toward the officer who shot the dog. That officer drew his taser. The other officer told Boyle to stop three times. The officer deployed his taser and hit Boyle in the chest but it seemed to have no effect on Boyle, who continued to grab for the handle of the front door of the residence. The officer who issued the "stop" commands then fired his service weapon twice, striking James Boyle in the back. The taser and two shots happened within seconds of each other.

The DA's Office said both officers rendered medical aid to James Boyle until paramedics arrived. During his autopsy, it was determined the two shots caused his death. 1500mg/ml of methamphetamine was also found in his system at the time of his death. Both officers had their body cameras on during this incident and the recordings were successfully downloaded. The officer who shot James Boyle, identified as Corporal Zackary Corey fired his weapon two times. The officer who shot the dog, identified as Officer Destin Alvarez, fired his weapon six times.

According to the DA's Office, Officer Alvarez had no choice but to use deadly force when he shot the pit bull, as he had a reasonable belief that he was in imminent danger of being killed or of receiving serious bodily injury when the dog attacked him. Officer Alvarez’s use of force was found to be justified.

In regards to Corporal Corey's actions, the DA's office said the following:

Corporal Corey stated he believed there to be weapons inside Mr. Boyle’s residence along with an at-risk elderly woman.

Corporal Corey’s concern regarding Mr. Boyle’s access to the interior of the house may be based upon Bret Boyle’s representation in the body-worn camera that guns exist inside the home, and that he couldn’t confirm the current location of those guns.

Corporal Corey’s actions and his use of force are difficult to analyze under the given facts in this investigation and in light of the law. To be clear, his actions are concerning but ultimately, they do not rise to the level sufficient to support criminal charges. His use of force must be analyzed under existing law for self-defense pursuant to C.R.S. 18-1-704, and the requirements for use of force by law enforcement pursuant to C.R.S. 18-1-707. This office does not believe that the facts of this case and the applicable law would support a reasonable likelihood of success at trial if charges were to be filed. Accordingly, no charges will be filed in this case.

The Fountain Police Department has released the critical incident briefing video of this incident. The video may contain strong language as well as graphic images which may be disturbing to some people. Viewer discretion is advised. It can be viewed here.