The Special Investigations Unit said the Aurora teenager who was shot and killed by police in October appears to have reported a "fake" break-and-enter at his own home to lure police there.
“By the time (the second officer) took the first shot at the complainant, his intentions were clear,” reads the report approved by SIU director Joseph Martino. “For whatever reason, it seems the complainant had set in motion a plan to lure police to his home where it appeared he intended to shoot and kill officers responding to a fake report of a break-and-enter in progress."
The SIU, a civilian law enforcement agency that investigates incidents involving death, serious injury, shootings or sexual assault allegations, also cleared the four officers involved with the incident of any criminal offences.
Complainant tried to lure police: report
Police were called by a male, identified as the complainant, on Oct. 30, 2024, with reports of break-and-enter in progress at his home on Downey Circle, according to the SIU report.
“It was believed that the 911 caller was the same person who had fired at officers,” reads the SIU report. “He was identified as the complainant."
The gunshots happened “in rapid succession over three distinct phases,” according to the report.
The first officer to arrive was approaching the house when “he was met by gunfire coming from the second-floor of the house,” with the complainant discharging upwards of 20 rounds from a rifle, the SIU said.
The 17-year-old emerged from the home wearing a tactical vest and holding a shotgun, approaching the officers.
Police and the teen exchanged gunfire, with one officer’s shot hitting him. He fell, but returned to his feet holding a machete, and moved down the driveway toward the officers, which one officer mistakenly believed was a long gun, according to the report. The complainant was then shot and fell to the ground.
"The machete lay on the ground, next to his right side. (First officer) slowly walked towards the complainant and yelled, 'Don’t fucking move,'" the report reads. "The complainant rolled towards the right, in the direction of the machete, and numerous gunshots were heard [police firearms]. The complainant fell back and did not move again."
“That being the case, this volley of gunfire was commensurate with the exigencies of the situation, namely, the need to prevent the complainant from firing again at the officers with what they reasonably (albeit mistakenly) believed was a long gun,” the report read. “This line of analysis also applies to the second and final volley of police gunfire in light of the evidence that the complainant was reaching at that time for the same machete.”
Complainant dead from multiple gunshot wounds: autopsy
Paramedics arrived and began to care for the complainant. At about 8:07 p.m., the teen was pronounced deceased.
“The pathologist at autopsy was of the preliminary view that the complainant’s death was attributable to multiple gunshot wounds,” reads the report.
Officers cleared of criminality
In the report, Martino concludes the officers were “engaged in the discharge of their lawful duties," adding there "is no basis for proceeding with criminal charges."
“Having been called to the scene of a reported break-and-enter in progress, the officers were duty-bound to attend to do what they reasonably could to enforce the law and ensure public safety,” reads the report.
“Lastly, the number of shots fired by the subject officials was high but did not exceed what was reasonable in the circumstances,” the report adds. “The gunfire occurred in rapid succession over three distinct phases during which the officers were either being shot at or reasonably believed they were about to be fired on.”
“For the foregoing reasons, there is no basis for proceeding with criminal charges against any of the subject officials. The file is closed.”
Seven civilian witnesses were interviewed during the investigation, as well as three witness officials — an official who is involved in the incident under investigation but is not a subject official — and reviewed the notes of a further two witness officials.
Only one of the four subject officers was interviewed, with the other three declining. SIU said they have a legal right to do so. All four also declined to provide their notes to the investigators, with SIU noting they have a legal right to do so.
