Two Northglenn police officers who shot a domestic violence suspect 14 times in January — one of whom fired at him a dozen times through the back window of a vehicle — won’t face charges, prosecutors announced Friday.
The Adams County District Attorney’s Office says the officers’ use of force was reasonable and that it couldn’t prove the pair were not justified.
Officer Joshua Burke fired 12 times into the back of the stolen car driven by the suspect, 31-year-old Hector Navarrette, according to a report from the district attorney’s office.
Navarrette died Jan. 7 on the 10700 block of Pecos Street after police began pursuing him in connection with a report that a man had dragged a woman off a porch and hit her in the face several times.
Investigators say he was driving a Mercedes that had been reported stolen out of Arvada and that a large knife and loaded handgun were found in the front passenger side of the vehicle. The report shows Navarrette had a blood alcohol content of .195 — well above the 0.08 drunken driving limit in Colorado. He also had methamphetamine and marijuana in his system.
Officers also found a cup with methamphetamine in the vehicle’s center console. Navarrette also was suspected of violating his probation and had arrests for felonies on his record.
“Based on the evidence presented and the applicable Colorado law, there is no reasonable likelihood of success of proving that the involved officers committed any crimes beyond a reasonable doubt at trial,” District Attorney Dave Young wrote in a letter announcing his decision. “Therefore, no criminal charges will be filed against the officers involved in this incident.”
Officers were called about 6 p.m. on Jan. 7 to the 10500 block of Carmela Lane on a report of a domestic violence disturbance. Police were able to track down Navarrette and the Mercedes less than a mile away on Pecos Street where officers tried to confront him in the parking lot of Northwest Open Space park.
“The suspect vehicle entered the parking lot and became stuck in the snow,” Young’s letter says. “Both officers parked their patrol vehicles, exited and gave several loud commands for the driver to show his hands and turn off the vehicle. The suspect driver did not comply.”
Burke approached the driver’s-side door of the Mercedes and shattered its window with his asp in an attempt to remove Navarrette from the vehicle.
“The suspect continued to accelerate the vehicle, which caused the wheels to spin in the snow,” the letter says. “As the suspect was attempting to flee, he kept his left hand on the steering wheel and appeared to be reaching for something in the front passenger area of the vehicle.”
Eventually, the Mercedes gained traction and accelerated through the parking lot, “which caused Officer Burke to lose his footing and fall to the ground,” according to the letter.
The other officer on scene — Officer Jarrod Guzman — believe Burke had been run over or hit by the vehicle, authorities say. Guzman returned to his patrol car to try to pursue Navarrette, and the two ended up colliding head on, with the vehicles becoming stuck to each other.
“Guzman observed the driver through his front windshield say ‘(expletive) you’ and accelerate his vehicle,” the letter says. “Officer Guzman also observed the driver keep his left hand on the steering (wheel) while reaching for something in the passenger area with his right hand. Officer Guzman was fearful that the driver had a gun within the car.”
Eventually, the vehicles broke free before colliding again as investigators say Navarrette continued to reach for something on the passenger side. Burke then approached the Mercedes from its rear and opened fire through the back window, leaving Navarette limp. Guzman, who according to the report had gotten out of his vehicle, opened fire as well.
Burke, according to the report, fired three times. Navarrette’s autopsy showed he was struck by bullets in the back of his head, the back of his neck, and his upper back and arm. He was pronounced dead at Denver Health medical center.
The officers told investigators that they were afraid for their own and each other’s safety as well as the public’s safety. A witness to the shooting said she believed the officers’ actions were justified and a man who also saw the confrontation thought Navarrette was trying to commit “suicide by cop,” according to the letter.
Navarrete was troubled in the year before his death and had been had been drinking heavily and taking methamphetamine, Navarette’s brother-in-law, Felipe Cordova, said in an interview after Navarrette died. Cordova said Navarrette’s life began to fall apart after he broke up with his ex-wife and the two began to battle over custody of their young son. Cordova also said the car Navarrete was driving wasn’t stolen — it was a rental that Navarrete hadn’t returned.
“Mr. Navarrette posed a risk to both Officer Burke and Officer Guzman,” Young wrote. “In addition, both officers had reason to believe that the other officer’s life was in danger prior to firing their service weapon. Additionally, the amount of force used was reasonable because Mr. Navarrette was in a vehicle capable of striking both officers and was potentially armed with a handgun while in close proximity of the officers.”
A spokeswoman for Young did not return an email requesting Friday evening to interview the district attorney.
