ENGLEWOOD, Colo. — The Englewood Police officer who likely shot and killed a 22-year-old man last June after the man's brother shot at police has been found justified in his use of force and won't face charges, according to a decision letter from the 18th Judicial District Attorney's Office released on Friday.
Matthew Neal Mitchell was shot multiple times on July 24, 2022, while inside a home in the 5000 block of South Grove Street, according to the letter. Mitchell's older brother, Phillip Blankenship, is accused of firing a handgun at police during the incident.
About 7:30 p.m. June 24, 2022, Blankenship's mom called police saying that her son was drunk and suicidal, and had fired a gun inside the house.
When police arrived, they surrounded the home and asked everyone inside to come out, according to the decision letter. The letter says Mitchell responded by asking officers to "give them a minute" and said that he was "trying to talk his brother down," the letter says.
One of the officers who had responded, identified as Dirk Smith, said that he saw two figures inside the home "dart" past a storm window while crouching and then saw a figure wearing light clothing in the front picture window of the house.
Smith told investigators that the figure in the window "positioned" himself toward officers just before Smith heard a loud bang and saw glass break. He fired five shots at the window in return, the letter says.
During an interview with investigators after the shooting, Smith said that he was "certain the person he fired at was the person who fired at officers," the letter says.
The letter says that about 18 seconds after the first shot was fired from the front window of the home, a second shot was fired from a bedroom window of the north side of the home.
Another officer, identified as Aaron Jarrett, fired back at that window. Jarrett fired a total of 18 rounds toward the bedroom window, the letter says.
Shortly after that, Blankenship came out of the home and was arrested. He was wearing dark clothing, the letter says.
He told police that he was the person who shot at officers using a handgun and that his brother did not fire any shots toward police. He also admitted to shooting a different weapon in the basement of the home before police arrived.
Mitchell was found by SWAT officers on the living room floor near the picture window, the letter says. Mitchell had on light clothing, according to the letter. An autopsy shows that he was shot in the back twice, according to the letter.
Two weapons were recovered inside the home, according to the letter. A Glock .380 handgun was found in a hallway, and a Smith and Wesson .44 magnum revolver was found in the basement. Shell casings from the .380 were were also recovered in the front living room by the window and in the bedroom, the letter says.
The district attorney concluded that both Smith and Jarrett reasonably feared for their safety and the safety of other officers and are therefore justified in their use of force.
None of the officers involved in the shooting were injured.
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