COLORADO SPRINGS — Colorado Springs Police Officer Lucas Aragon has been cleared in the February 27, 2020 shooting death of Desmond Hayes.
A review conducted by the El Paso County Sheriff’s Office and submitted to the office of the 4th Judicial District reports at the time of the shooting, Hayes was, “committing Attempted
Second Degree Kidnapping, a Class 4 Felony; a First Degree Criminal Trespass, a Class 5 Felony; and Menacing, a Class 5 Felony.”
It happened around 3:30 a.m. in the drive-thru area of a Colorado Springs Carls Jr. on Space Center Drive. Aragon, off-duty at the time, said Hayes broke into his car and threatened him with a weapon.
Aragon said he fired at least one shot, hitting and killing Hayes.
According to the ensuing investigation, Hayes had been responsible for additional crimes, prior to his run-in with Aragon.
The report shows CSPD had already been called when a clerk at a nearby Loaf n’ Jug said Hayes took a number of beers from the cooler and tried to leave without paying.
Surveillance video caught that exchange, as well as evidence of the suspect walking toward the Carl’s Jr. on Space Center Drive.
EPSO’s investigation revealed Hayes opened Aragon’s rear passenger door, got in, and said, “take me where you want to go or you’ll get hurt,” and “I have a gun.”
Aragon told investigators he believed Hayes was armed and “he didn’t believe a lesser degree of force was feasible because his gun was his only weapon, there was a gun pointed at him, and that he could not use a lesser degree of force without being shot.”
According to the review released Wednesday, Aragon fired his weapon, striking Hayes nine times.
He then “jumped from his vehicle, reloaded and called 911.”
The investigation does not say Hayes was armed.
The review ended with the determination that Lucas Aragon acted in self-defense and deadly force was warranted. The district attorney’s office will not charge files.