COMMERCE CITY, Colo. — Three officers who fired shots at a suspect, killing him, on May 6 in Commerce City won't face charges in the incident, according to the 17th Judicial District Attorney's Office.
District Attorney Dave Young wrote in a letter summarizing his office's investigation into the officer-involved shooting that the evidence doesn't support the filing of criminal charges in the death of Vincent Pena.
Pena had been identified as the suspect in a shooting at 4120 N. Adams St. in Denver on May 1, and fugitive units for the Denver Police Department (DPD) and the Colorado Department of Corrections (DOC) conducted a search for him.
>Video above: Suspect dead after officer-involved shooting May 6 in Commerce City.
The fugitive unit found Pena on May 6 at the Highland Legends Apartments at 7180 N. Poplar St. in Commerce City. When Pena walked out of an apartment building and started doing work on a vehicle, two Commerce City Police Department (CCPD) officers identified themselves and approached, according to the letter.
Pena ran from the officers and fired shots at one of them, Officer Andrew Hadley, who returned fire, the letter says. Hadley stopped shooting when he lost a good line-of-sight on Pena.
Two more officers assigned to the fugitive unit, Mark Kuchyt with DOC and Matthew Baughman with DPD, were on scene and saw Pena running toward them. They both fired multiple shots. Pena fell to the ground, and Kuchyt and Baughman kicked away his gun and took him into custody, the letter says.
Pena was taken to a hospital, where he was later pronounced dead, according to CCPD at the time of the incident.
The two CCPD officers, including Hadley, who attempted to take Pena into custody before the shooting, were both wearing body cameras. Their cameras recorded Pena trying to hide behind the vehicle, then running through the parking lot. Hadley's camera shows the exchange of gunfire.
An autopsy on Pena on May 8 showed he had four gunshot wounds: two in his right shoulder area, one in his right thigh and a graze to his chest.
Young's letter says it was unclear which officer or officers shot Pena. He says in the letter that "the sight of Mr. Pena trying to flee arrest while possessing a deadly weapon supports a conclusion that the officers were concerned for their safety and the safety of the other civilians in the area."
"The prosecution cannot prove that the involved officers were not justified in using reasonable force to protect themselves and the other officers from what they reasonably perceived to be the use of deadly physical force," the letter says.
SUGGESTED VIDEOS: Local stories from 9NEWS