(FOUNTAIN, Colo.) — The 4th Judicial District Attorney's (DA) Office has finished its review of an officer-involved shooting that happened in Fountain on Sept. 14, 2024.
According to the DA's Office, on Sept. 14, just before 10 a.m., officers of the Fountain Police Department were called to a r
obbery in progress in the 7900 block of Fountain Mesa Road, near Mesa Ridge Parkway. Officers were told the suspect, later identified as 31-year-old Brenden Burningham, had threatened to use a gun and a bomb during the robbery.
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FPD Corporal William Hammill and Officer Traveion Paillette responded to the scene, at the intersection of Fountain Mesa Road and Mesa Ridge Parkway, they saw a man walking west that matched the description of Burningham.
The officers stopped their vehicle and started a pursuit on foot ordering Burningham to stop and get on the ground. According to the DA's report, Burningham kept his hands in his pockets even as he ran away from them, even falling while running and getting back up without removing his hands from his pockets.
Burningham allegedly ignored all commands to stop as officers traveled 60 to 70 yards until they were within 10 feet of Burningham, at which point the DA's Office said Burningham turned towards officers and as he did so, he raised his left hand in the air, keeping his right concealed in his pocket and stretched forward in a "threatening manner" towards officers. The action was seen by a witness who said the action looked more aggressive than surrendering.
During post-shooting interviews, Officer Paillette said he saw Burningham raise his hand, and he feared for his life. Cpl. Hammill fired six shots, and Officer Paillette fired seven rounds.
The DA's Office said the heavy coat Burningham was wearing made it reasonable to conclude a less-than lethal option of a taser could not been used, nor would other lesser degrees of force be adequate to prevent Burningham from firing a gun or detonating a bomb, both of which he had threatened to have in his possession during the alleged robbery.
Burningham was shot twice in the chest and fell to the ground. The officers rendered first aid, and a search of his person revealed Burningham did not have a weapon or bomb.
Burningham survived his injuries and is currently facing multiple charges.
The DA's Office said there was no body-worn camera footage until immediately after the shooting, both officers reported they believed they had activated the cameras, and a test of the camera unit in the vehicle showed a technical failure had happened.
After completing its review, the DA's Office has ruled that the use of deadly force was authorized, and no charges will be brought against either officer. Burningham's next court date is set for June 6, 2025. ...read more read less