A Colorado Springs police officer, who shot and killed an armed man, was justified in his use of deadly force, according to a review of the police shooting.
On Oct. 3, 2021, Officer Chase Gardner, who was working an extra-duty assignment at a Walmart, 3201 E. Platte Ave., shot David Jacques who was allegedly shoplifting from the store, according to a decision letter on the shooting released Friday.
Gardner tried to stop Jacques, to issue him a citation, but the suspect ran off, according to the review. Gardner chased Jacques and found him hiding under a parked vehicle in a used car lot in the 200 block of North Chelton Road.
Gardner, to no avail, gave commands for Jacques to come out from under the vehicle. Gardner fired a Taser at Jacques, who was still under the vehicle, and the suspect remained “noncompliant,” the review said.
Gardner dropped his Taser and drew his “duty weapon,” according to the review. At that moment, Jacques fired one shot from a handgun at Gardner, who then shot Jacques twice. Jacques was taken to a local hospital where he died.
Gardner’s standard body-worn camera system did not record the incident, despite his attempts to activate it during his search for Jacques, the review said. Body cameras worn by other officers involved did record, and those images were used as part of the investigation. Investigators also used surveillance footage from Walmart, the car lot and another business as part of the police shooting investigation.
The weapon that Jacques fired, a Taurus G2C 9mm handgun, was recovered at the scene along with a spent shell casing, according to the review by a multi-agency law enforcement team, including the El Paso County District Attorney’s Office.
At the time of the shooting, Jacques was on probation and had active warrants for his arrest, according to the decision letter.
“Jacques posed an immediate threat to Officer Gardner as he fired a handgun as Officer Gardner was attempting to take him into custody,” the review said. “Officer Gardner considered and used less lethal options and only turned to use of deadly physical force after Mr. Jacques shot at him creating an imminent deadly threat. The use of deadly physical force by Officer Gardner was justified.”
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