Investigators determined six Englewood Police Department Officers and one Arapahoe County Sheriff’s Office deputy were justified in the lethal force they used to subdue a standoff suspect, according to a news release. 

The several-hour standoff resulted in the shooting and killing of a wanted suspect.

The seven officers exchanged gunfire with 41-year-old Ernesto Edward Gonzalez inside of a home at 4161 S. Cherokee St., Englewood, after attempting to serve an arrest warrant on July 18, 2023.

Gonzalez was shot and killed at the scene by multiple officers — a justified use of force, according to a Friday decision letter from 18th Judicial District Chief Deputy District Attorney Clinton McKinzie to the Englewood Police Department and Arapahoe County Sheriff’s Office.

“The use of force by the police officers was reasonable, necessary, and appropriate to defend themselves and others from the threat posed by Mr. Gonzalez,” McKinzie said in the letter.

The Englewood Police Department’s SWAT team responded to help Denver Police Department’s Fugitive Unit with a high-risk search warrant after 12:30 p.m. on July 18, 2023, according to the letter. 

Gonzalez had four active warrants out for his arrest and was considered armed and dangerous. He also had lengthy criminal history, including convictions for menacing, assault and escape, according to the letter.

The suspect’s girlfriend told police that he had access to “seventy guns and two grenades” and would be willing to “shoot it out” with police.

The SWAT team used a speaker to tell the man to leave the home and surrender, which lasted around three hours.

Around 4 p.m., officers attempted to enter the basement and deploy tear gas. As they broke the window, Gonzalez fired multiple shots at them with a homemade 9mm P80 handgun. The gun was equipped with a “switch” that converted it to be a fully automatic weapon.

Members from the Littleton Police Department and Arapahoe County Sheriff’s Office SWAT teams were then called in for assistance as Gonzalez exchanged fire with officers from the house basement.

Through drones and robots deployed into the home, officers could see that Gonzalez had moved into the garage and was hiding behind multiple objects. Officers then used a BearCat SWAT vehicle to remove the garage door and begin removing objects inside.

Gonzalez was found inside, pointing a handgun at the officers, according to the letter. The officers exchanged fire with the suspect, eventually hitting and killing him.

Six of the SWAT officers fired their rifles. These were EPD officers David Hume, Brian Aluise, Nathan Yosten, Ryan Kasper, Adam Wright and Arapahoe County Sheriff’s Office Sgt. Nick Rodriguez. EDP Ofc. Gavin Falatko also fired his handgun.

None of these officers will face criminal charges after the district attorney’s office’s investigation into the incident.

“Mr. Gonzalez, by his actions, placed the officers in fear for own lives and the lives of other officers,” McKinzie said in the letter. “Mr. Gonzalez’s actions were the proximate cause for the use of deadly force by the seven officers who fired their weapons. Those officers fired at Mr. Gonzalez to defend themselves as well as other officers.”