LASALLE, Colo. — A Weld County grand jury handed down a murder indictment against a police officer who had worked with the town of LaSalle for three days before he shot and killed someone, the police chief said.
Officer Erik Hernandez faces one count of second-degree murder in the death of Juston Reffel, who was shot and killed on May 3.
According to the indictment, Hernandez and another LaSalle Police officer saw what they deemed a suspicious vehicle parked at a Family Dollar store at 165 S. 2nd St.
The Dodge Magnum had been backed into a parking spot, was double-parked and had recently been painted unprofessionally, the indictment says. The car's VIN was obscured, and there was no record for the out-of-state plates that were on the car, according to the indictment.
The other officer pulled his patrol car in front of the Magnum to block it into the parking spot, the indictment says. Hernandez and the other officer then went into the Family Dollar to find out whose car it was, according to the indictment.
The officers spoke with the store's employees who said no one who worked there drove the car, according to the indictment. Hernandez and the other officer then began walking down an aisle, looking for the Magnum's driver, the indictment says.
Reffel and two other people were in the back of the store, and when Reffel saw the officers approaching, he walked to the emergency exit and pressed on the door, which set off the store's alarm, the indictment says. Reffel then ran toward the front of the store, according to the indictment.
Hernandez and the other LaSalle officer went to the emergency exit and looked outside. When they didn't see anyone, they re-entered the store, the indictment says.
The other officer said he was heading to the front of the store and asked for cover. Hernandez ran down another aisle of the store with his handgun drawn, the indictment says.
Reffel had gotten into the driver's seat of the Magnum, and Hernandez had exited the store and positioned himself along the driver's side of the car, the indictment says.
Hernandez yelled at Reffel to get out of the car as Reffel put it into reverse and backed up several feet, the indictment says. Reffel put the car into drive and began to pull out of the parking spots. Hernandez then fired four rounds, the indictment says.
Reffel drove away and crashed into the rear of a vehicle in the 100 block of Church Court. He was taken to North Colorado Medical Center where he was declared dead, according to the indictment.
An autopsy showed Reffel died from a single gunshot to his torso, the indictment says. Reffel's death was determined to be homicide.
The indictment reads, "The Defendant [Hernandez] acted knowingly with respect to his conduct described above and was not justified in the actions he took pursuant to the affirmative defense of peace officers use of deadly physical force."
"You just can’t fire at somebody because they’re driving a suspicious vehicle and they’re trying to get away from you," said 9NEWS legal analyst Scott Robinson. "The total absence of any observation of a firearm or anything that was threatening the officer is what explains this indictment."
Hernandez' bond was set at $50,000. He's due in court on Aug. 23 for an appearance on bond.
LaSalle Police Chief Dave Arnold said Hernandez had been on administrative leave since the shooting, and was fired once the indictment was issued.
SUGGESTED VIDEOS: Investigations & Crime