No criminal charges will be brought against the Arvada police officer who shot and killed John Hurley, a man who stopped a deadly mass shooting incident in Olde Town Arvada over the summer.

District Attorney Alexis King announced her decision not to file charges Monday, more than four months after the incident on June 21 left Hurley, Arvada Officer Gordon Beesley and suspect Ronald Troyke dead.

“Our role was to look at the facts and compare them to law. The officer here had objectively reasonable grounds to believe – and did believe – that he and other people were in imminent danger of being killed,” King said. “The officer’s decision to shoot John Hurley was legally justified, despite his heroic actions that day.”

The incident started when Troyke, 59, shot and killed Beesley in the Olde Town Arvada square, after the officer had been called to investigate a suspicious person in the area. Police later said Troyke had left behind a four-page note, explaining his hatred for police and his intent to harm Arvada police officers.

Hurley was in an Army surplus store when he heard the shots and, according to police, ran outside and fatally shot Troyke.

Arvada shooting ‘Samaritan’ John Hurley remembered as humble, helpful

After shooting Troyke, Hurley “removed Troyke’s assault rifle from his body,” according to an autopsy report. King said the officer shot Hurley after seeing him holding the assault rifle, assuming he was the active shooter.

“John Hurley, that day, acted as a hero. Had he survived, we would have praised his bravery in engaging a mass shooter before anyone else was killed,” King said. “He acted to defend others and we will remember him in his selflessness. … We hope our decision not to file charges will bring a small piece of closure to those affected and that in this finality, there is some healing.”

King said the legitimate presence of danger at the time the officer shot Hurley was “an overwhelming factor” in the decision not to file charges. 

The officer, who has still not been named, has been on paid administrative leave since the beginning of the investigation. It is unclear when or if he will return to his patrol duties, according to police.

“Right now, we don’t know,” said David Snelling, spokesman with the Arvada Police Department. “That’s up to him.”

Hurley, 40, was a Golden resident who worked as a chef at the Rocky Mountain Commissary shared kitchen facility for several years before its closing in 2020, at which point he began taking up odd jobs. His co-workers described him as “humble” and “super respectful,” in addition to being a hard worker.

Hurley loved hiking, biking, fishing, dancing, playing music and spending time with his family. 

“I imagine that many people are angry and that is understandable,” said Hurley’s mother Kathleen Boleyn. “I would ask that instead of acting out on your anger, that you use that energy to be the change you wish to see in the world. Engage in meaningful conversations that might make a difference in how we all may move forward together.”

“I pray none of us will have to face a situation such as Johnny did, but as we pull ourselves together to move forward in life, consider using Johnny’s commitment to doing the right thing even at the greatest cost to inspire your own actions.”

Hurley’s family set up a GoFundMe to pay for his funeral costs and other expenses, which has raised over $90,000 as of Monday.

The autopsy report, released in September, determined that Hurley was killed by a single gunshot to the pelvis. His manner of death was labeled as homicide.