DA: Officer justified after man threatened to kill him
Nov 05, 2024
(COLORADO SPRINGS) — The 4th Judicial District Attorney's (DA) Office has ruled an officer's use of deadly force in a May shooting on the southeast side of Colorado Springs justified, due to the imminent threat to officers and the surrounding neighborhood.
40-year-old Michael Ray Hurst Jr. was killed on the evening of May 18 in the 4200 block of Deerfield Hills Road, near the intersection of South Academy Boulevard and Hancock Expressway. The incident followed a 911 call made by Hurst's mother, reporting that her son, a paraplegic, was suicidal and she suspected he had been using methamphetamines. She also reported he had gotten ahold of a rifle.
While on the phone with responders, a shot was heard inside the home, which Hurst's mother believed was him firing into the ceiling. His mother then crawled from her bedroom window to get to safety.
PREVIOUS COVERAGE: Man killed in OIS allegedly threatened to kill officers
A review by the DA's Office states that Hurst shot down a drone being used by the Colorado Springs Police Department (CSPD), and that he allegedly made threats against the responding officers by pointing out how he was a good shot for taking down the drone. Hurst also made derogatory comments on law enforcement and said things like "I'll shoot you too" to officers on scene.
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In previously released body-worn camera footage, officers can be heard multiple times ordering Hurst from the home and ordering him to put down his weapon, which he repeatedly ignored for over 40 minutes. At one point, Hurst moved outside the home to the porch, and when he changed the grip on the gun and appeared to be preparing to fire on officers, CSPD Officer Nicholas Cassalia fired his weapon four times, hitting and killing Hurst.
A toxicology test revealed Hurst was under the influence of alcohol, methamphetamines, and marijuana.
The 4th Judicial DA's Office released the review of the incident on Nov. 5, which ruled Officer Cassalia's use of deadly force justified. The DA's Office said the use of force was justified because Hurst had already fired his weapon and taken down CSPD's drone, and he was also presenting an immediate and deadly threat to officers and the surrounding neighborhood. Officers also had to take into account that they knew when they arrived on scene that Hurst was under the influence of drugs.
"Officer Cassalia had an objectively reasonable belief that Mr. Hurst, Jr. did pose an imminentdanger to Officer Cassalia, to other officers on scene, and to the civilians who were likely in theirhomes in the surrounding area," the DA's review reads.
No charges will be filed against Officer Cassalia, the DA's Office said.