Deadly shooting by Fountain police officer justified, El Paso County DA rules

The constabulary shooting decease of a antheral successful El Paso County has been reviewed and the District Attorney’s Office rules that the deadly unit utilized by a Fountain constabulary serviceman was justified.

The shooting happened astatine astir 5:20 p.m. April 19 successful the country of Interstate 25 and North Academy Boulevard.

Robert Paul Garcia, 38, was changeable by Officer Isaac Abila aft Garcia led constabulary connected a agelong conveyance pursuit connected Interstate 25, according to a reappraisal missive released Thursday. Garcia, driving a U-Haul pickup truck, failed to propulsion implicit for the Colorado State Patrol. After aggregate attempts to halt the truck, it was yet stopped by a trooper who bumped the motortruck to a halt with a patrol vehicle.

Troopers, including Sgt. Wallace Lathrop, and Fountain officers, including Abila, with guns drawn approached the motortruck and ordered Garcia to amusement his hands and get retired of the pickup.

Garcia disregarded the orders and “placed the fishy conveyance into cogwheel and accelerated forward,” the reappraisal missive said. “Abila, believed that Sgt. Lathrop was successful the nonstop way of the fishy vehicle, and objectively believed Sgt. Lathrop was successful imminent information of decease oregon superior bodily injury.”

Abila fired 11 shots, hitting Garcia 5 times. Lathrop fired 1 shot, striking the near doorway of the truck. Garcia was taken to a section infirmary wherever helium was pronounced dead.

A Daisy Powerline .177-caliber BB/Pellet weapon fell retired of the driver’s broadside of the motortruck erstwhile Garcia was removed from the cab aft the shooting, the reappraisal missive said.

The authorities patrol was trying to halt the motortruck due to the fact that it was allegedly progressive successful a robbery successful Pueblo, the CSPD said successful a quality merchandise astatine the clip of the shooting.

The U-Haul motortruck Garcia was driving was overdue, but determination was nary study of it being stolen,  according to the review.

“After completing a thorough reappraisal of the facts and grounds the 4th Judicial District Attorney’s
Office has determined the usage of deadly carnal unit by some Officer Isaac Abila, (FPD) and
Sergeant Wallace Lathrop, (CSP) was justified nether the instrumentality of the State of Colorado because
Mr. Garcia drove his conveyance towards Sergeant Lathrop’s contiguous location,” the merchandise said. “This was a homicide, but the usage of deadly carnal unit by Officer Abila successful this lawsuit was justified.”