Denver district attorney exonerates officers in shooting of man holding BB gun

Denver District Attorney John Walsh announced Thursday that Denver Police Department officers were justified in the shooting of a man holding a BB gun a month prior.
Cpl. Valentin Kerchev, as well as Officers Jonathan Hayes and Randall Wells shot and injured 62-year-old Allan Scott while responding to an Aug. 25 call that Scott was pointing a pistol at oncoming traffic from a parking lot in the 1200 block of West Alameda Avenue, according to a news release from the Denver District Attorney’s Office.
The investigation into the incident later determined that Scott was holding a P-22 bb gun that looked like a 9mm semi-automatic pistol, authorities said.
“After a thorough review of the evidence in the case, I believe that the use of force by all of the officers was justified based on Colorado law regarding use of force in self-defense and in defense of others,” Walsh said in the release. “Therefore, no criminal charges will be filed against any of the officers involved.”
The incident began after officers received an initial 911 call reporting Scott was aiming the gun at motorists in the area around 8:30 a.m. that morning. Upon arrival, police found him holding the firearm laying down next to a shopping cart containing his belongings.
After a prolonged standoff — depicted on body-worn camera footage that has been published by the Denver Police Department, during which officers repeatedly told him to put down his gun and show them his hands — police shot him. Scott was then taken to the hospital with gunshot wounds and survived the injuries.
Walsh noted in the release that Scott raised his right arm and pointed the gun at officers before they opened fire, and said that Kerchev and Hayes shot the man because they believed they were in imminent danger. After the initial shooting, Scott continued to wave his right hand and did not comply with continued orders to drop the gun.
Later, when Wells saw Scott move his finger onto the trigger of the gun, he shot the man in the face, according to the release.
Scott has been charged with one count of felony menacing in connection with the incident, according to the release. Citing the ongoing investigation into the case, the office did not release the full letter Walsh wrote to DPD Chief Ron Thomas that detailed the entirety of the shooting.
The shooting was the second in a span of a few days that involved Denver police officer shooting suspects holding non-lethal guns.
The other, which took place on Aug. 22, saw police fatally shoot 48-year-old Javier Nava-Carbajal while responding to a domestic violence call in the 4900 block of East Donald Avenue. The man was holding a replica revolver loaded with six rounds of live, 9mm ammunition, despite having no way to discharge the rounds.
Officials noted during an early September news conference about the twin shootings that both men did not cooperate with police instructions to give themselves up and put down their firearms, and that police only shot them because they thought the weapons presented an immediate threat.
“Apparently this is a growing trend and it will be something we continue to track,” said Thomas during the press conference, discussing the increasing possession of non-lethal guns by suspects. “These look so closely to a real weapon that I wouldn’t expect any officer to act differently.”