Editor’s Note: Fuck the Denver Post. We repost this only to show a detailed report of what the investigation concluded, and to include a link to the article with the full statement from DA fuckhead, Mitch Morrissey. Fuck them all, especially DPD. Rest in Power Dion Avila Damon.
From the Denver Post:
Prosecutors said Thursday they will not file charges against a Denver officer who shot and killed and unarmed man in April.
Technician Jeffrey Motz shot Dion Ray Damon, 40, who was wanted for armed bank robbery and known as “Stryke” by fellow Gallant Knights Insane gang members, according to court records.
“A thorough review of the evidence gathered in this investigation shows that Technician Motz was legally justified in using deadly physical force under the facts and circumstances he faced,” Denver District Attorney Mitch Morrissey wrote in a letter announcing his decision. “I believe a jury would agree.”
The shooting happened on the southwest corner of Civic Center park during the busy lunch hour and while Damon was sitting in the driver’s seat of a Dodge Charger.
Police said Damon ignored orders to get out of his car for nearly a minute before making a “threatening-type maneuver.” Damon’s partner and her son had been in the car before police surrounded them and the fatal shooting ensued.
Damon was shot three times, including once in the head and another time in the chest. Motz was the only officer to shoot during the encounter, and investigators say he fired seven shots from a .45-caliber handgun.
In an interview with investigators after the shooting, Motz said Damon quickly brought his hands together as he sat in a vehicle, according to Morrissey’s letter. Motz said that the motion was not the type a person would make to allow officers to see his hands or to surrender.
“Motz said he saw a handgun in Damon’s right hand and it was being directed toward him,” the letter said. “Motz said at this point he fired his gun at Damon.”
No gun, however, was found on Damon or in the vehicle he was in.
Morrissey notes the discrepancy in his letter, saying, however, that it was reasonable for Motz to believe Damon had a gun because Damon had recently shown his willingness to use a gun criminally during the bank robbery for which he was was wanted.
“In this dangerous factual context it makes no difference legally that Damon was not holding a gun,” Morrissey found. “An officer is not required by law to wait to be fired upon before firing in self-defense.”
Morrissey added: “I believe it was reasonable for Motz to believe that Damon was about to fire upon him with deadly force and his decision to shoot Damon was reasonable and legally justified self-defense under Colorado law.”