DENVER — Three Aurora officers, two of whom were shot while confronting a carjacking suspect in July, were legally justified in their use of force and won't face charges, according to the Denver District Attorney's Office.
The shooting took place on July 27 at 4775 North Argonne St. in Denver.
Earlier that day, around 9:40 a.m., members of the FBI Rocky Mountain Safe Streets Task Force (SSTF) began conducting surveillance of two people wanted in a series of bank robberies, according to the DA's decision letter.
During that operation, SSTF started tracking a stolen red Audi. Around 5:30 p.m., the stolen vehicle was located in front of 4766 N. Andes St.
Officers with the Denver Police Department (DPD) parked in front of the vehicle and contacted the woman sitting inside and detained her, the letter says. She told officers the driver had gone into the home on Andes Street.
Officers cleared the home and then spotted the suspect in an apartment complex behind the home, the letter says.
The suspect's information was aired over police radios and Aurora SWAT officers Paul Jerothe, Brett Iske and Michael Neumeyer responded to assist DPD officers in locating the suspect.
At approximately 5:35 p.m., a mother and daughter went to their car and opened the doors to air it out because it was hot, the letter says. As they were near the vehicle, they were approached by the suspect, now identified as Dontari Hudson, who was armed with a gun, according to the letter.
When the mother saw Hudson pull the gun from his waistband, she dropped the keys and told her daughter to run, the letter says.
The three Aurora officers who had just pulled up to the scene in an unmarked vehicle witnessed what they believed was a carjacking, the letter says.
Neumeyer said in an interview that the woman "became hysterical and had her hands up".
As part of an effort to stop the carjacking, Neumeyer drove their vehicle into the suspect's car. Following the collision, Iske and Jerothe exited their vehicle with weapons drawn and gave commands for Hudson to "show his hands," the decision letter says. However, within seconds, the letter says, Hudson began firing at officers from inside his vehicle.
Iske and Jerothe immediately returned fire while Neumeyer initially took cover inside the vehicle.
Neumeyer said he felt dust of the windshield glass hit his face, the letter says, and went on to say, "At that point, I'm thinking I'm going to die. I'm going to get shot in the head."
Jerothe said he observed those holes in the windshield and "believed that Officer Neumeyer was dead" until he "tumbled out of the vehicle" and said that he had not been hit, the letter says.
Neumeyer said he feared that Iske was dead because he hadn't responded to cries asking if he was OK. Eventually, both officers spotted Iske lying on his side but conscious, according to the letter.
Iske was shot in the left forearm and left upper arm, and Jerothe provided first aid despite also being shot in the right hand and upper left chest, the letter says. The bullet struck Jerothe's soft body armor under his shirt, according to the letter.
Neumeyer was not shot but suffered cuts and abrasions as a result of the incident, the letter says.
Hudson was shot six times and taken to the hospital for treatment, according to the letter. He told investigators after the collision he fired a "warning shot," but then fired several more after shots were fired at him, according to the letter. He said he stopped firing when he realized they were officers, the letter says.
On Aug. 11, prosecutors with the Denver DA’s Office filed a criminal case against Hudson, 22, for his alleged involvement in the incident.
Hudson is charged with three counts of criminal attempt to commit murder in the first degree, five counts of assault in the first degree, two counts of aggravated robbery, and four counts of possessing an illegal weapon as a previous offender.
The letter also notes that the officers' body-worn cameras were not activated until after the shooting, so no footage of the incident was available.
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