No charges for officer who shot, killed burglar in April

Crime

The 4th Judicial District Attorney’s Office is not pursuing charges against a Colorado Springs officer who shot and killed a suspected burglar in April. 

Police said around 6:15 a.m., April 25, officers were called to investigate a burglary at a business in the area of 19th Street and Yampa Street. When officers arrived, the suspect ran out of the building, according to deputies.

Officer Troy Kananen, who has been with the Colorado Springs Police Department since 1994, chased the suspect, and during the chase the suspect pulled out a gun and brandished it toward a bystander, according to the sheriff’s office. The officer fired at the suspect, hitting him several times.

The DA’s office reported that the suspect then fell to the ground, dropping a loaded Glock, Model 19, 9mm pistol as he fell, and officer Kananen immediately called for an ambulance.

The suspect, who has been identified as 41-year-old Jesse Paul Schlegel, of Colorado Springs, was transported to the hospital where he was pronounced deceased.

An autopsy revealed he was shot in both upper arms and three times in the back.  Toxicology revealed several narcotics present in his system, including oxycodone and an extremely high concentration of methamphetamine.  

The District Attorney reported that: 

According to Colorado Revised Statutes §18-1-707 a peace officer is justified in using deadly physical force upon another person for a purpose specified in subsection (1) of this section only when he reasonably believes that it is necessary:
     (a) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or
     (b) To effect an arrest, or to prevent the escape from custody, of a person whom he reasonably believes:
          (I) Has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon; or
          (II) Is attempting to escape by the use of a deadly weapon; or
          (III) Otherwise indicates, except through a motor vehicle violation, that he is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay.  

Officer Kananen indicated that he fired because he believed that the suspect was about to shoot at Mr. Ayles. Under paragraph (1) (a) that can be grounds for using deadly force.  

No criminal charges will be filed against Officer Kananen

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