Colorado Springs officers were justified in an October 2021 shooting that killed a man who had pointed a gun at them, according to a review by the 4th Judicial District Attorney’s Office.

Officers Paul Hubbard and Robert Comstock were found justified in use of deadly force, and Lt. Mark Chacon, Sgts. Jason Reeser and Earnest Hengst and Officer Heather Memser also were found justified in firing their weapons in the incident, according to a release Thursday by the DA’s office.

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On Oct. 28, 2021, police were dispatched to the area of the 1600 block of South Nevada Avenue following reports of a shooting. The suspect, 30-year-old Ahmad Akeem Abdul Muhammad, allegedly fired multiple shots into a vehicle driving through a parking lot.

Mesmer observed Muhammad walking toward her at the intersection of Hunter and South Corona avenues. Mesmer commanded Muhammad to stop and put up his hands, which he ignored and continued advancing, according to the release.

Chacon, Reeser, Hengst and Comstock joined Mesmer. Muhammad then took a gun from his pants and pointed it at the officers. A Police Department drone captured the events on video.

Muhammad appeared to load the gun and ignored further commands to drop his weapon. Mesmer, Comstock, Chacon and Hengst fired, but none struck Muhammad. He  fled south on South Corona, where he pointed the firearm at Reeser and surrounding civilians, prompting Reeser to shoot. He did not strike Muhammad.

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The drone tracked Muhammad as he fled through parking lots and alleys and between homes. Comstock and Hubbard encountered Muhammad near Vanguard Elementary School. Both ordered Muhammad to drop his gun, which he continued to point at both officers and toward the school zone, the release said. The officers fired, striking Muhammad three times.

He was taken to a hospital, where he died.

According to protocol, all officer-involved shootings resulting in injury or death must be reviewed by a multiagency Deadly Force Investigation Team, composed of representatives of the DA’s office, CSPD and El Paso County Sheriff’s Office.

The team’s responsibility is to “ensure that the use of deadly force was justified under the statutes of Colorado,” according to Howard Black, the director of communications for the DA’s office. Any recommendations regarding police tactics or best practices are reviewed internally within law enforcement agencies.

“Mr. Muhammed was given multiple verbal commands to put the gun down, all of which he refused to obey. Officers made every attempt possible to deescalate the situation without utilizing physical force, and all those attempts failed,” the release states.

“Officers had an objectively reasonable belief that Mr. Muhammed did in fact pose an imminent danger to multiple police officers including themselves, adults and/or children who could be in the vehicles, and to the civilians potentially occupying the homes, and school in the immediate area.” 

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