New Update
In a recent decision letter, a non-Denver district attorney has determined that the Denver Police officers involved in a shooting incident that resulted in the death of a suspect in Broomfield will not face criminal charges. The letter, released by 17th Judicial District DA District Attorney Brian Mason on Monday, emphasized that the officers' use of deadly force was justified due to the suspect's actions.
Suspect's Actions Leading to Shooting
The shooting occurred following a series of events involving the suspect, Anthony Lainez, who had eluded officers, carjacked a vehicle, and held its driver hostage at gunpoint, subsequently firing at a police officer. These actions, as outlined in the decision letter, provided the legal justification for the officers' use of deadly force.
Search for Lainez and Initial Encounter
The incident began when the DPD Fugitive Unit initiated a search for Lainez, who was wanted in connection with a homicide in Denver. Lainez was under surveillance, both physically and electronically, as he had active warrants for his arrest.
On the afternoon of September 29, investigators located Lainez at a residence in Broomfield near the intersection of 136th Avenue and Sheridan Boulevard. Lainez, accompanied by Sky Toya, exited the house and entered a vehicle with Lainez behind the wheel. Broomfield patrol cars attempted to stop the fleeing vehicle by activating their emergency lights.
High-Speed Pursuit and Collision
Despite the police's attempts to stop the vehicle, Lainez accelerated rapidly and drove recklessly. However, the officers did not engage in a pursuit, as per the letter's account. Eventually, Lainez lost control of the car, colliding with another vehicle at an intersection and rendering his own vehicle inoperable.
Hostage Situation and Officer Intervention
Following the collision, Lainez and Toya abandoned the disabled vehicle and sought refuge in a gray Toyota Corolla parked in oncoming traffic. Lainez entered the Corolla through the passenger's side and pressed a handgun against the driver's ribs, ordering him to drive.
The driver managed to take the car keys from the ignition and attempted to exit the vehicle. However, Lainez forcibly pulled him back inside. Detective James Waidler, the first officer on the scene, witnessed this struggle and approached the open door, commanding Lainez to show his hands. Ignoring the officer's orders, Lainez used the driver as a shield.
Detective Jay Lopez arrived shortly afterward, observing the driver's desperate struggle to break free. Lopez positioned his truck strategically to divert Lainez's attention and rushed toward the car, using the muzzle of his rifle to shatter the windshield.
Fatal Exchange of Gunfire
In response to Lopez's actions, Lainez drew his handgun and shot Lopez in the neck. Lopez discharged one round from his rifle before collapsing to the ground, according to investigators. Simultaneously, Waidler managed to extricate the driver from the car and returned fire at Lainez.
During the intense altercation, both the driver and Waidler were wounded, prompting Lainez to exit the vehicle, armed and approaching Waidler. Waidler, defending himself, fired multiple rounds at Lainez.
Officer Cole Connors arrived at the scene while preparing his tactical vest and heard the gunfire. Unaware of the identities of those involved, Connors witnessed Waidler falling and observed Lainez reaching for a gun near him.
Instructing Lainez to refrain from grabbing the weapon, Connors' commands were disregarded, leading him to fire at Lainez until he ceased movement.
Legal Findings and Conclusion
Lainez was pronounced dead at the scene, and Toya was apprehended and subsequently charged with aggravated robbery, possession of a controlled substance, and first-degree criminal trespass. A toxicology report revealed the presence of methamphetamine and cocaine in Lainez's system. Additionally, officers discovered other firearms, suspected controlled substances, and $1,000 in cash inside the suspect's vehicle.
Through a thorough analysis of the evidence, the district attorney's office concluded that Lainez's actions posed a significant threat to the lives and safety of others. Consequently, the use of force employed by the law enforcement officers was deemed justified in accordance with the law.