Ornice ov eigst ATTORNEY noua Di Serving Garfiel, Pitkin, and Ip Blanco Counties ee ib ke ua yh ies 9 Cndoey Disc Aboiney 10 igh tee Suite 308 “elepan: 97085.8635 lwo Spring Cold 81601 Fosse 97098 504 November 4, 2019 Matthew Jenness Tnvestigator- Garfield County Shei Investigations Judi Catiel Incident Team Leader 107 8th Steet Glensood Springs, Colossde 81601 Brooks Bennet ‘Agent-Colorado Bureau of lavestgation 2797 justice Drive Grand Junction, Color 81506 (Chief Tommy Klein Rille Police Department 201 B18! Steet Rille, Colorado 81650 Re: Officer Involved Shooting Iavestiation-ALLAN THOMAS GEORGE-Rifle Police Corporal D. RYAN-Case No, 2019-389 Dear Investigator Jennes, Agent Bennett and Chief Klein "The puspose ofthis correspondence isto memorialize my chatgng decision regarding the ‘office involved shooting which occured on Monday, August 5, 2019 in Rife, Colorado. Ia short, I Secline to fle any criminal charges against Corporal D. Ryan of the Rifle Police Department, of aay ‘other officer involved in the incieat. A more thocough explanation for my decision i contained herein below ‘hae you Investigator Jenness for serving a lend nvestigntor for the Sth Judcal Ditet Cita Incident ‘Team's (“CIT investigation of tic matter Iam also thankful for all the other members of the CIT from vatious law enforcement agencies within the 9° Judicial Distt who sided and sisted in the investignon. I have thorogghly reviewed the iavesigstioa fle which ‘includes multiple incerviews, videos, audios, police reports, taeology testing laboratry eports, and ‘he autopsy report ofthe decedent named Allan Thomar George. The investigation wae thorough, professions, objective, and complete. I have als consulted with my team ani other profesionals ‘regarding the frets and circumstances ofthis incident an legal conchisons I seached, The important facts upon which T have reed to teach my decision to not fle ctiminal charges bear someNoveber 2019 DA Lap Review Later Re ‘Oficer ned Shooting Invespation ALLAN THOMAS GEORGE Rie Pale Corpo D. Rye age 20019 bighlighting, which T attempt to do below. However, T should note that T have not summased bere every single factor deta of the incident. ‘Summary of important Facts A. Cheonology of Critical Bvents Lea up to Monday, August 5, 2019 Very few evens, and outcomes desivedthetefom, can be propely evaluated ina vacuum. Events leading up to, aod at the time of, « cftica incident are significant and relevant in undersuadiag the context of an event and an outcome, Consequeaty, I have catefully considesed the chronology of key events which preceded the death of Allan Thomas George on Monday, ‘August 5, 2019, I outline these evens below. ‘Around 2009, in a diferent judicial dstiet and in Lake County, Caloeado Distict Court Case No. O8CRBI, Allan Thomas George Me. Geotge”) pleaded gaily to Sexual Exploitation of a Child, invilation of CRS. §18:6-43, a dass five felony. Asa zest of chis guilty pla, Me. George ‘was placed on probation by the Lake County Distict Court and was required to register asa “sex offender” forfour yeas. After succesfully completing the tem and conditions of the sentence, DMs, George’ original felony caze was dsmisted inthe 5 Judicial District, and no felony conviction entered. The fics and cieumstances of the 2008 Lake County Distiet Cautt Case were very sinalar to the sew 2019 allegations against Me. George, which prompted the Rifle Police officers to contact him on Monday, August 5, 2019, che day of his death, (On Apsil 10, 2019, the Child Exploiation and Human Taalicking Task Force of the Washington Field Office of the Federal Butean of Investigation ("FBT") reported that ding a recent ctitnial investigation of suspected illegal possession and distibutioa of child poenography ‘which involved « number of indvidoaewilizing “Kik Messenger” under a Kik group eile, "Taboo Parents” to view, pores and distibute potnogriphic images of children and minors, a potential suspect from Rifle, Colorado was involved. “Kik” ie a cross-platform mobile application weed for ‘stant messaging to tananit and ceceive messages, photos, nd videos with a key feature enabling unc to preserve anonymity, berate a user daes nt have t register to use the applieaion with = phone number. However, the Ki application loge uree IP addresses, which can determine the Tocition ofa user Although Kik can be used for legitimate noneriminal purposes, « person may ule this application cov message individual as well as a group to facitate access to, and distrivuion of, child pomogsaphy. Through the investigation, Allan ‘Thomas Geogge (Me George") of Rifle, Coloada was positively identified as an active participant in this legal activity. Aner the FBI ftom the Washington Meld Offce reported thit to local Inv enforcement, a iavestigtoe with the 9" Judicial District Atorneys Office and a local FBI agent performed follow up investigation of Mr. George’ suspected commission of these crimes. After the execution of feaich warrants on June 20,2019, Me. George wns, in fact, found in possesion of pornographic tnxd/or sexually expoitive images of chideen. Such possession is legal 20d a erie. Also, 0a June 29,2019, law enfoccement personally contacted Mt. Geogge who was working ac the time fora company called “PST”. At the time ofthis contact, Mr: Geosge was wotking on 8 ‘onstruction sie duting dhe workweek in Vail, Colorado, Investigators informed Mr. George oftheNovember 4, 2019 DA Lap Resiew ater Ret” Ofer nya Song Invention ALLAN THOMAS GEORGE Rife Pie Cop. Ry Page 30019 criminal invesigaon. Me. George told investigators that he, “knew it was wrong, but explosed several groups on Ki” looking for child pornography. Mr. Geogge told investigators that he ogaged in sich illegal behavior inthe evenings after work while off duy. Ac dhe pariular dine of these 2019 legal acivides, Me. Geonge was ving duting the workweck in Vail, Eagle County, ‘Colorado, which isin the 5 Judicial District. Tn addition, on this same day, law enforcement served tvo search warrants on Me. Geosge’s home residence ia Rifle. Dutng the exection ofthe search ‘warrants, investigntors personally iterated with Mr- George's wie (eerred to herein 48 °SG"), ‘eho was home atthe time the officers executed the seach wactnts, As arenut ofthe exceuinn of these serch wacrans, the perional interncon between Me- George and investigators, and the pettonalinteriction besween Mr. Georges spouse and investigators, as cary as June 20,2019, Me. ‘Geonge knew Ine enforcement wr investigating his for emes involving sexs explaiation of a chi the eame crime for which fe had pleaded guilty in the 2008 Lake County felony care for which he had been placed on probation and a8 a result of which requited him co reiser 28a sex offender fox fou years, Sometime after June 20, 2019, Mr. Geotge’s spouse, SG, left Colord with his two young cidren and travelled to another state duving which ine she informed tape people, including ‘members of Mr. Googe’ family, of the cximinal investigation into Mr. George and that law ‘enforcement was investigating Me- George for cimes involving possession of child poraogeaphy. “The two childsen with whom SG tevelled out of Colorado were Me. George's biological chien snd SG's stephen who lived with Me, Geogge and SG ia the Rifle vesdence. (On July 12, 2019, after passing a background check, Mr. Geomge purchased » 45 caliber handgun, which was identified a= a Springfield XDS pistol, fom a licensed firearms dealer. Since (Me. George's orginal felony had been dismisted after he completed the tems ofthe sentence in the 2008 Lake Cony felony cas, the background check did not seveal a diaqulier which would prevent him from purchasing the feat, Azound July 30, 2019, Me. George's sponse, SG, requested a welfare check/ suicidal party at (Mr George's residence in Rill, SG was still out of state atthe time and was not seheduled to return to Colotado until easly August 2019, She eclayed to Rife Police that Mr. George was being investigated fo child pornography and that he had recently made suicidal statements to her. She also ‘iy tothe Rifle Police that Me. George had joet bought «gun and that he le eid eo her te he ‘war not “gong back to jail without «Figh" Tis information vas memosaizd ia» weekend "pass- down” at the Rifle Plice Depattment. “Pase-down” is a routine beneficial practice ofthe Rifle Police Department which occur at the end of each sift so that officers from a pevious shift an ‘pete and inform other officers of ential information atthe ie such other officer take over a follow-on subsequens sift 1B. Monday, August §, 2019-Death of Allan Thomas George After the completion of the investigation into Me, Georges legal 2019 activities invalving ctild pornography, it was determined by a judge that probable cause existed that Me. George did ‘commit aerial offense, ad that the offense had occurred in Eagle County, Colotado located ia the 5! Judicial Distt, which ie adjacent to, and just east of, the 9 Judicial Distsiet- Consequently,Nowenbee 4, 2019 DA Lag Review Later Re: Oi ole Shon Invetignon ALLAN THOMAS GEORGE: Rie Pie Corpor D. Ryu Pogetalt ‘onthe moming of Monday, August 5, 2019, an Eagle County Judge isued an aret watrant for Me George supported by an affidavit alleging he commited the violation of Sexual Exploitation of a Child in viohtion of CRS. §18.6-408, a class five feloay. The atest warrant for Me. George stated in pas, “YOU ARE HEREBY COMMANDED to arses Allen Thomas Geog sd take him without uanccessary delay before the nearest available Judge of the County of Dist” ‘On Monday, August 5, 2019, Vil Police Officers atempied to cootuer Me. George dating ‘he day at his jobsite ro make the arrest as ondeted by the arrest watsnt, Val police ofice(e) went to the suspected wok ste of Me, Gearge in Vall and spake with his aupervisot. However siace Me. George dd not show up for work that day, officers did aot find Mr. Geonge to execute the court onder to arteat him and take im into custody Sometine during the aftemoon on Monday, August 5, 2019, Rifle Police offices visited Me Geomge's residence in Rifle, Colondo, Officers spoke to Mr. George's wife, $G, who told them that ‘Ma. George lad a ica, that he cated it all the time at woek and at home, that he eased it n'a backpack with amminition in his PSI company work track, and tht she had recent retmed from 4 weeks-long trip out of state. She tol officers that Me. Geoage had recendy told her tht be was “noe gong to be a sex offender” and he “wasn't going oj” and that she interpreted this ashe was ot going tobe acested without a fight. She also told Rlle Police officers that Mr. Geosge had a ‘ideo survelance carers instilled at thei home while she was sway and thatthe home surveillance ideo camer fed video ditecly to Mr. George's cellas phone, which would have enabled him to observe visitors approaching his residence. She ls tld officers that she ws thinking abot gesting 4 protection onder aginst Mx, George. SG also provided a detiled description of Me, George's ‘work truck that he sts diving atthe ime and informed Rifle Police that Me. George had been ‘working i Vail, Colorado duting the workweek but that she was expecting him to return home to Rille thie Mondhy evening, Around 6 pam, Monday, August 5, 2019 at dhe end of the day shift, a day sift Rifle Police officer conducted "past down” which, a previously stated, ea customary procedute intended to infonm offices at the beginning ofeach sit of potential cite issues. Duting this pase-down, a ‘day shift Rifle Police Officer told Corporal D. Rjan and Officer 8. MeNeal, the night shift patrol ‘offices, ofthe information regatdig the arrest rant for Me. George andthe statements relayed to law enforcement eae that day by Me: George's spouse, SG. At or near the time of this pass- ‘down, Corpor Kyia and Otlieet MeNeal both viewed photographs ot Me Geonge, In that ‘Corpor Ryan and Officer McNeal were the only officers working the night shi, the belt that Me ‘George had recenly been suicidal, had bought ad was in constant possession of « tearm, and the presence of surveillance capabilities by Mr. George of visitors to his residence, they opted aot to fem to contact Me. Geogge at his residence, thes, Cosporl Ryan and Offices McNeal planned to conduct a felony trafic stop upon Mr. George's return home t Rife from Val that evening bt to perform the felony tafe stop prior to Me, George’ arial at his residence.‘Nowenber4, 019 DA Lal Reiew Later Re: Otic nvlved hosing Invetignion ALLAN THOMAS GEORGE Rie Paice Corpor D. Ry Page bof19 Around 634 pm. om Monday, August 5, 2019, Cospral Ryan and Officer MeNeal depasted the Rife Police Department to beg tit night shift, each driving their own police patrol vehicles, Corporal Ryan and Officer MeNesl both parked thet well masked patrol vehiles ¢ the intersection ‘of 1-70 and Colorado Stite Highway 13 ia a manner enabling them to observe Mr. George's PSL ‘work truck in the event it exited off 1-70 Exit 0 into Rill. Sometime prior, to id and assist e and Olficee McNeal in performing the felony tzaffic stop and the atest of Me Geosge. Corpor Ryan requested motul assistance from n Garfield County Sheiff Deputy working in the westeen zone of Garfield Cooney. The only uta asetance avilable at the time was a single Garfield County Deputy om shift to cover westem Garfield County. Consequently, this Garfield County Deputy ‘niall staged his patrol vehicle neat Corpotal Ryan and Officer McNeal’ vehicles at 170, Ext 90, to assist inthe felony trafic stop and ares. However, the Deputy wat soon dispatched to respond ton active domestic violence incident oceutng in Batlement Mess, some 20 miles west of Ril, ‘which lft Comporal Ryan and Officer MeNea stil awaiting the arival of Me. George. ‘At approximately 7.11 pam. on Monday, August 5, 2019, Corporal Ryan observed a white ocd F-130 take the offtamp from I-70 westbound at mile matker 90 and Exit 90, The Ford F-150 had clearly visible markings of “PST” on the side and ie preceely matched the descsiption gives by Me. George's epoure, SG, of Me, George's work truck. Having Been provided a photograph of Me George eases, Corporal Ryan positively identiied the diver of this vehicle as Allan Thomas Geosge. After positively identifying the vehile and Mr, Geotge, Corporal Ryrn and Officer MeN, both in welhmacked pagal vehicles, immediately activated their emergeney lights and positioned ‘hele vchiler aectly behind Mr, George at soon as he exited off westbound 1-70 and turned ight and wis traveling narthwaed onto Colorado State Highway 13, Highway 13 generally uns acre aod south under 1-70, Te ako eaveres nontwatd over a bridge above the Colorado River directly ito downtown Rill, This bridge is commonly refeted to a the "River Bridge.” Ae the tine, i was el Aaylight outside nd well bere dk Within seconds of Corporal Ryan and Officer McNeal geting dretly behind im with their emergency ight ashing, Me. George pulled his vehide to the side of the road and stopped approximately 200 yards from the offiamp on the River Bridge. Corporal Ryan positioned his vehicle approximately 5-10 yards behind Me. Geogge's vehicle and Office McNeal positioned her ‘vehicle less than 5-10 yrds behind Corporal Ryan's vehicle: Cosporal Ryan immediatly retieved his patrol fl, exied his patel vehicle, and stood ia the gap between his open dive’ side dooe and fhe main vehicle Frame of the patrol ear. Corporal Ryan immediately begun giving loud verbal ‘commands to Me. Geotge to place his hands outside of the window. Mr. George looked several times atthe rear facing deve’ side mirtordiecly at Corporal Ryan. However, Me. George did not place his han outside the veicle ae diected by Corporal Ky. Although ordered by Cosposal Ryan to place his hands outside of his dive’ side window, Me. Geoege ignored these commands and suddenly and abeupy exited his vehicle. Cosporal Ryan never give Mr George + command to exit his vehicle Nevertheless, upon his sudden ext, Me. George walked with purpose from his divers side daoe to the reae of his vehicle toward Corporal Ryan. Corporal Ryan was continoously giving very precise commands to Mr. George to “stop, sn ‘ound and place his hands behind his head” Mr: George ignoted these muiple commaade and ‘while walking toward Comporal Ryan, Mr. George reached behind bis back and reviewed handgun,[over 019 DA Lapel evi Later Re. ‘ce ove SersngIvesigaton-ALLAN THOMAS GEORGE Rife Ptice Como D. Ry Cate No. 2019589 ‘which Coeporal Ryan immediately recognied asa Springfield XDS, Corporal Ryan also recognized ‘hat Me. George’ handgun hd an extended magizine, which provided « lager capacity of ‘ammunition. Coyporal Ryan has owned Springfield XDS handguns and has a significant amount of txpesience and tring wing this make of handgun. At the satne time, Officer MeNel exited her police patrol vehicle with her service handgun deawn and began moving forward toward Comporal Tyan and Me George's vehicle. Both Corporal Ryan and Officer MeNeal wore visible offical uniforms idenying them at “police” with openly displayed badges and insignia After ignoting, mumerous loud, clear and concise commands, Mr. George moved the Ihandgen acound his body sling the barel along his abdomen up to his chest: Despte Me. George ignoring numerous commands and Conpord Ryan and Officer McNeal both being uncertain of Me George's intent upon openly displaying the handgun, Corporal Ryan and Officer MeNeal refrained fem engaging Mr. George with deadly force at that time. Rather, Corporal Ryan contiaued to give Me. George loud, clear and concise commands, For example, Corporal Ryan sepeatedy yelled, “Put the gun down! Put de gua down” By this me, Officer McNeal had exited her patrl veicle and was moving forward, and she also observed Mx. Geonge ia possession of the handgun and his coatinung refusal to obey the commands of Corporal Ryan. Officer MeNeal also began giving loud, leas, and concise commands to Me. Geog. During this mela, cizen tai contnued nosth tnd south ever te River Bridge mete fet swny from the scene Mr, George continued to disobey the office commands and walked between the reat of his ‘vehicle and the (sont of Corporal Ryo's vehicle toward the guatdeai a the ester edge of the rad, Ms. George engaged in comeraton with Conpotal Ryan and Officer MeNe and repeatedly stated, “Nol Its ove! Tim not going to jal Tm not going fo be a sex offender” Acconding to Corporal Ryan, Officer MeNeal and other citizen witnesses, Mr. George was very timated and appeased aggated and angay. Accouding to both Comporal Ryan and Officer MeNeal, on atleast two occasions, Mr, George began to verbally count down saying, “3, 2, 7 a if demonstrating the intent to shoot himselE. Although he dit shooe himself, he refused to peaceably submit to the lawful arrest. When he got to the edge ofthe road tthe garda, Me. George placed his back toward the sve with his calves piessed against the guard facing the officers and facing tefRe that contissed passing nearby. Without exception, Me. George continued ignoring every single command given by Corporat Ryan and Officer McNeal. Both officers activated thie individual digital audio recondees at, or nea, the begining of the walt stop. Although not necessasy in the exact onder and not meant to delineate the exirety ‘of the recording and exchanges between Mr. George and Corporal Ryan, the fllowing ae verbatim ‘quotes torn the audio recoeding ot Corporal Rye Corporal Ryan: Put the pstal down! Put the pitt dowal Stop teaching! Put the pistol down! Doa'e shoot youself mast Don't do it Don't do it Put the pst down! We can talk through this maa, ‘Mr. George: I'm not gong to jill Pm not going to bes sex offender! ‘Cotporal Ryan: Doo do i Mr. George: es not gonna() happen! ‘Cotporal Ryan: Don't Tes aoe woth it‘Novem, 219 DA Lgl Renew Leer Re!" Offer lave Shooting Inveton ALLAN THOMAS GEORGE Rife Pole Corpo Dyas Chae No 10309 Me. George: Yes itis! Corporal Ryan: I's not worth it Put the pistol down Come on man, ies. .you have hide! You have s wife Me. George: I won't be around them anymore! 1 won't be able to be and mp family, my grandkids. Corporal Ryan: Is ot worth il Me. Georger” It's ll oer! Corporal Ryan: Tes not vet! Me. George: Tris aves! Corporal Ryan: Tes not over. Don’t doi Hey, e's alk through this. Just, pt the weapon down. Me. George: No, Pm act! Its oved Corporal Ryan: Put the gun dowal Put the gun down! Don't do that! Don’ lo that..you don?t have to do it. Cin back over, pu the gun down and ‘welll abovt it Me. George: Pim nat going to jal. Ym not doing ths! Don't you geri? Corporal Ryan: Pos the gun down! Put the gun dowal Put dhe gun dowal Mr. George: T'm aot! Its aot goanalep) happen..whatever you iudible..[ don' pve a shi. nauble) Corporal Ryan: Don’ dt Me. George: Here go! Corporal Ryan: Don't da it aan, You doa't want to go ou this way. Me. George: I have no choice. Corporal Ryan: ‘Think about your kids Me. George: They don’t have dd anymore Corporal Ryan: They do! Me. George: No, they don't! Corporal Ryan: ‘They dot Me. George: No, they don! 1s ove Corporal Ryan: Puc the gon dows! Don’t do it: Don't doit Pu the gun low san, We can tlle about th, Me. George: Fuck you! (nail). about i with somebody else. but not yout talk about i anymoee Corporal Ryan: Pot the gun down! Mer. George: Nol (inaudible) Corporal Ryan: Put te gua dowel ‘Me. Georger Tm no... (aude). Corporal Ryan: Pot the gun down, Think aboot your kids and your wie, ‘Think about yout kids and your wife. Don't doit. Doa’t doit Dont doit Me. George: Its all over. you don’t get Corporal Ryan: [es not aver man! Me. George: Its ove! Corporal Ryan: Pu the gun dowal Put the gan down! Put the gun down! Pt the gun down Pur the gun down! Put the gon dowal Put the gun down! ut the gun down,NNovebee 2019 DA Lal Review Late Re!" Officer Inve Shooting Invertigton-ALLAN THOMAS GEORGE Rie Pe Corpo Dyas age ot. A careful reviow of Corporal Ryan's entire audio zecording seve that Corporal Ryaa ordered Mr George to pur the gue (weapon/pisto) dow at lest 34 times. Ako, of nate isthe clay and ‘oncsion of Corporal Ryaa’s commands and the presence of mind by Corporal Ryan to atempe to ‘explain to Mz. George that he was ot yet convicted of any exe, the implication of which is that Me. Georges .~tll“m(p) lowe “mfp okay? Corporal Ryan: Dont do it! You tll er(ep)yoursel Me. George: I won't be around ‘em(sp)! You don't get it Tes ove 1es covest Corporal Ryan: 1fs..thee’s a warrant Me. George: [lose everything! Corporal Ryan: You're aot convicted. You'se not convicted! Put the gus down. Step back here and we ean talk about it Me. George: Tim no talking shout shi T's over You don't gti Ts over Corporal Ryan: We have counselors. Your fumly gonna(ep)...your kids ae gong to miss you man. Mr. George: No shit And even if 'm alive they'te ponna(sp) miss me Corporal Ryan: A leat they're gonna(sp) be able to talk to you. Me. George: No, they in! Corporal Ryan: They can! Mr. George: (nau)... Goodbye! [Me George’ life “ws not over" as Me. George seemed to firmly belive Although aot necessarily in the exact order and not meant to delineate the eniety of the recording and exchanges between Mr, George and Officer McNeal, the fllowing are verbatim {quotes ffom the audio recording of Officer MeNes: Officer McNeal: Drop the weapon! Drop it Me, Googe in epanse to Coporal jan stating *Come on mani (Oficer McNeal: Is not! Don't do itl Jue pur the weapon down, Doa’t do itl You can put it dowal ‘Mr. George: No, Pm aot I's oved! (Oficer McNeal: Yes, don't let other people se itl Just put i dow Pu ie dowal You don’t want other people tose, so don’t et ‘cmp! Get of the ral Don’ doi! You don't want other people to see il So, don’ di ast Dut the gon dowel Thetere other options! ‘Mr. George: I'm not going to jill Tn not doing this. Done you get it Tes ‘not happening! ‘Tell my family T love ‘em(p..Goaudible...my son...ey daughter. Olticer McNeal So, don’ pot them through this! Don’ doit to your id Mr. George: I won't have sy fucking kde! 1's all over Officer MeNeal: You can be able total to them still Don't doi! Put ‘the gun down! Pleaet You can talc to your kids!Noember ,2019 DA Le Revi Later [Re fier layed Shooting Tnetigtinn-ALLAN THOMAS GEORGE Rife oe CospD. Ryao Chae No 010309 Pipe 0819 Me. George: 1s aot gonna(p) appeal. Gaul) al you want da't five ast Officer McNeal: So what cn we do to make you put che gun down? Mr. Geonge: Here we gol Officer MeNeal:" What can we do for yout getthe gun down? Me. George: Thave no (inl). Thave ne Oftices McNeal: Dow! doi Yous have fay “Me. George: I don’ even have that anymore! Officer MeNeal: You sil have fan! You sl have fy! Your Ely does go ey! Mr. George: Fuck youltlk about it. (nadie). know that ..know sway more than you gable ‘Officer McNeal Tellus about! You say we don'tknow! Tell us Just put the gun down! Don't do i! Dont doit! You can jut put the gun down ight fnovt You have fami! Aad they dat go away. Theye gona(ep) besa i sy do thi! Jon drop the gn Stay 0.ceme bac over. You sil ave fay nd you know that! You Know they wil be upset if you do thst Tes not font) make it better Me. George: fossil) Officer McNeal ‘Then explain i Dispatch 412, he’s stating to jmp off the beige. im gonna() lve to get ver rescoc tenm ready. You have family sll. You el have fay that wil alk to you. They hp you get throogh this, but not if you jump. You don't want to teaumatze all these ‘other people driving by. Thay have noting todo with this. Me. Geonge:_ Tm oe aking about sit Ifs ove! You don’ get Officer McNeal, Yous faniy wil help you. Yous fan: gonna(p) iss youmanl Me. George: No sit An even ifm alive dheytegonnasp miss el Officer MeNeat: You can writ Item. There are options! There's other options besides hs, Just te back ove, Mr. George: Nol Goel Oices MeNeak Were not leaving you! Mr. Georges ['m not coming ther. Tim going there one way of Another. fmvdible) Oficer McNeal» You have fly. You sid it youre Seay on that sidel Jhststop ght thee! Stop! A catefil review of Officer McNea!s entire audio recarding reveal that Officer MeNel ordered Me, George to pt the gun (sometimes refered to at “e") down at leas 12 ies. Meo, of note is the clatty and concsion of Officer MeNeal's commands and the presence of mind by hee to ater to ‘explain co Me. George that his fay would miss him ithe chose to end hs ie Altogether, Coeporal Ryan and Officer MeNeal ordered Me. George appronimately 46 times to drop his handgun, However, Mr: George never surrendezed possession of his handgun. Infact, using dhe stindoff and after teaching the guardeil, Me. Geotge removed from his pockets his‘November 4, 2019 DA Lap Ree Later Ret” Ofer aye Shooting Inetigton-ALLAN THOMAS GEORGE Rife Pale Copa Ry Page 10619 ‘wallet, some cash two lives and hie glasses and threw these items on the ground, However, Me. George never dropped his handgun, At some point, Mr. George turned toward the Colorado River, stepped over the guardrail, nd placed dhe ndgen in his right front pocket widh dhe butt of the handgun protruding outside, Fora time, he rocked backwards and appeared to be geting ready to jump into river. After some time, he then stepped back over che gurdralfcig the offices and tealieagsin Corporal Ryan and Officer MeNelcoatinued to engage Me. George in convertion and pecssted in negotiating with Mr. George to get histo peaceably submit co uae nest and dispossess himself of the hundgua, However, despite the neat 10-minute-long negotiation, at some point, Mr Georg pated his right front pocket, presurbly to enture bis handgun was sili his pocket, then tuned northward towaed downtown Rifle sad began to run away from the officers. Ashe ran, he sill possessed the handgun but lft his walt, some eash, co knives and his eyeglasses behind. As Me, George ran away toward downtown Rifle ell possessing the handgun, Compotal Ryan then ‘moved forward shooting Me. George wis his patrol sl two times in the back, ‘The inital felony traffic stop and attempt to arest began at approximately 71 pam. and ‘Corporal Ryan fed ewo shots both of which struck Mr. Geonge casing him to fll approximately 30 yards tothe north of his truck at 721 pn. When Mr. George appeared to be debilitated and did not appeat to pose + teat to the officer and other nearby citizens, Corporal Ryan and Ofcer McNeal moved forward say fom the protective cover provided by the vehicles and performed a patdown search of Me. Geotge's person. Corporal Ryan removed Mr. George's hang fom his Fight pocket, the only item in Me, Geonge’s possession at that time. Images frm a video captured by 2 neatby citizen depice Corporal Ryan quickly and easily removing the handgun from M- George's pocket. After removing i, Cosporal Ryan ait Mt. George's handgun over on the concrete curb Tindeeneath the guardrail A Garfield County Deputy who had sccenly arrived inspected the handgun taken from Me. George and found i to be locked and loaded, ready to fie, with around loaded inside the ring chamber. ‘After Corporal Ryan dlsstmedl Mr. Geonge, Offcet MeNeal placed Me. Geosge into handeulfs and then began to provide Me, George with emergency medical trertment, such as applying pressure to obvious bullet wounds to Me. George's torso. The officers also called Jmeditly for an ambulance and began to talk to Me. George to encourage him to sty alive Conporal Ryan ssi things like, “Stay with us Allan. Stay with us maa, Stay with us. Come on Allast Stay with ust Alla, stay with us” Officer McNeal made statements ike, “You're alight. The tmbulaace is coming, Ambulance is coming, Just hang on. They'ze almost ere. Came on Allan They aimost here” Emergency medical providers arived shortly thereafter. Despite rwift ie saving effors on the part of Corporal Ryan, Officer McNeal and numerous other emergency ‘medial personnel, Me. George died at approximately 7:38 p.m. and was pronounced dead at Grand River Hospital in Rill, The standoff lasted a total of approximately 10 eintes, A the formal request of the Garfield County Covoner, « medial pathologist, Dr: Dean Havlik, performed an autopsy on Mr. George's body at Community Hospital in Grand Junction “The conclusions reached by De Havlle and memodialized in hie autopsy report stated in pt,NNovener 4019 DA Lag Reiw Later ‘Oe need Shon Ives ALLAN THOMAS GEORGE Rifle Pie Cpa D. Ry Ciuc No. 2019380 Digett aft “Autopsy sevested two guashot wounds that involved the chest, Both gunshot wounds had entrance wounds on the right aspect of dhe back and) fat wounds on the sight sapect of the chert. The enttance wounds had Features most suggestive of distant range Ste with no evidence of soot oF gunpowder sipping on the skin sureounding the wounds. Both gunshot ‘sounds perforated the right hing and rested internal bleeding in the ight ‘st eat. The ate of dat bt won fh crt andthe mae of dh is bom erphasis added.” © Other Pertinent Facts (On mpl occasions wp t, sad on the same day of, his death, Mr. George communicated to seveal people that he would “oot go back to jal” and would “aot be attested.” In adtion to the statements provide to police by hi spouse, SG, before the incident, Mr. George's farsly members {clayed sinlat statements after the incident to CIT investigators. For example, Mr, George’ ster told investigators that she thought she had been the lst person to commanicace with Me. Geomge before he wis shot. Mr. George told his sister dating a phone conversation that evening, which phone records reveal happened right before the incident, that “he had to go as the police were bbcind” him. Me, George's sister sd cat Me. George “was upiet tat day” and that he ed someone fom his work, one ofthe manager tthe st, contacted him er that day and sid the police were looking fr him, She also said that Me. George tld her that they were looking for him tnd that 90 matte what, he “wasn® going to jai.” She sid that Mr. Geoage had been tli her this fora while ashe knew about the criminal chages against him, She azo svi that for over » week, Ms. George had old hee that he “wasnt going to ul” He sad it was “ao mater what” and thar "pal ‘yas aot an option.” She alo stated that she knew he had gut and asked bim iit was on him, but he told her that he would not let her know ii wis. Mr, Geonge’s sister tld Mr. Geonge not to do this and “that isnot the answee” but he again sid that ls not an option as is life would be ‘over? if he went there, Me. Gearge’s ster also aad chat he “new he screwed up and this was the ‘only way ou.” She stated that Mr. George had his mind made wp and no one could tlk him out of it She also told investigators that she thought Me. Geogge was caning the pun justin ease the pace showed up, and thi in her opinion, this was “cp assisted suicide” Mr. George’ adult daughter slzo told CUT investigators that Mr. George old her that he was “oe going bale to il” and tha he had “dagraced” his “Yaily name.” She tld investigatots that Me. George had coramunicated with her that day, evidently close in time to the incident, and tld hee that he loved het, and he was getting pulled over. Me. George's daughter told investigators that he bl also sent messages to het brother, Me. George's adult ron, fling her browsers tamly ‘oodbye. Mr. George's daughter alo tld investigators, "This time he was tcf athe has been through the system, he dda’ want to go to jal and he was worried his kids woulda’ get to be ‘wound him.” Me. George's daughter alo sid “He was already in the mindset tht he wae going to go to jail” and “Everyone knew he wasnt going to go down without fight as he dda wane erat (Me, Geogpe’s adult son sso told CIT investigators that over the weeks prior o the iocdent, Me. George was ditant and wis not eling daily ashe customarily had prior to August 5, 2019. Mi[Noveer 42019 DA Lag Review Letee Re. Oe nwt Shoring Ineo ALLAN THOMAS GEORGE Rie Paice Capo D. Ry Pig 219 George's sd son tld investigators that Me. George had told his if anything happened he wanted him to take cate of his younger brothers (Mr. George's younger biological chiles) Me. George's son leo told CIT investigators dit ater heaiag that Me. George may take his ova if, he called his father and conftonted him. Me. Geogge told his adult sn that he “wasn going to cour oF to prison and there wasa't any way that anyone was taking him anywhere” Mr. George's adult on also told Jvestiators that he had spoken to Mr, Geogge the day of the incident and that Me. George told tim hat “they” were looking for him and he "sash going in” D. Legal Analysis Several federal court eates exist which suppatt the proposition that when an officer has probable caure to believe that a suspect poser a thest of serious physial injury, either tothe officer ‘or to others, deny force may be legally anchorized. Teewsue a Gar, 471 USS. 1 (1985). Substantial ‘evidence exists which demonstates Corporal Ryan and Officer MeNeal exhausted every reasonable means to peaceably diem Me. George giving him aeasly 10 minutes and approximately 46 ‘commands to disposes himself ofthe loaded handgun and submit lawful ares. Me. Geosge jgnored these nurmerous loud, clear and conelse commands, tefased 10 slinuish possession of the Ihandgua, and refused to lawfily and peacefully submit to a court-ordered azrest warrant for a felony. Ax previously emphasized, other than intially submitting to emergency lights of the marked police patol vehicies and palling over on the Highway 13 River Badge atthe very begining, Me George filed to obey a single command, dsectve or order of ether Corporal Ryan or Officer MeNel. Arguably, after beng ordered by Coxporal Ryn to place his hands outside of his dive’ side ‘window, tun azound, drop the gun-those commands given during the inital seconde of the ‘encounter, Corporal Ryan could have fred his Rrearm at Me. George as soon as he removed the Tnangua trom concealment and opealy presented it, However, Corporal Ryan sed restraint, did not initlly shoot Mr. Geonge and persistently gave sepeated commands to Me. Geosge to put the ‘weapon dowa aad submit to the ast. Corporal Ryan, Officer McNeal and numerous passersby faced a very volatile situation fight with danger to dhemieles and members of the public Although Mc. George evidently never pointed the handgun diceedy at Corporal Ryan, Officer McNeal, of other pasersby, nothing prevented him fom doing so in split second. Where over thee dozen ondets to deop the wespon go unheeded, prevailing In does not req a police officer to wnt anc an armed and dangerous flon las dezwn a bead on the officer oe others before using deadly force. nation, having drop his wallet, cash, tw Knives aed eyeglasses on the pavement, Me George was physicilly able to consciously dspossess himself of other articles om his person. However, he conscinuly refused to drop and sirender posession of his loaded handgun. When Me, Geotge turned and sin toward downtown Rifle sil in posession of the handgun, Corporal Ryan had reason to believe that Mr. George might be running to take cover and at some point, engage the officers or others wi his handgun, “This soalyis does not go without leplly supportive precedent In Federal Court of “Appeals case forthe Eleventh Cat, Mont Car, 114 E34 481 (11th C1997), officers shot inNovebee 2019 DA Lag Review Later Ret" Offcer inva Shooting lettin ALLAN THOMAS GEORGE Rie Poli Compe D. ys Page 1 08 the back an individual in postetsion of a shotgun although the person never named to face the offices cr pot the un at tem, The federal cout i Monto state, “We accept forthe purposes tha, once past Sergeant Carr, Montoute never tamed to fice him sin, and Moatoute never actually poited che saed-off shotgua at anyone. But there was nothing to preveat bim from doing ether ‘or both, in a split second Ar Teast where orders to drop the weapon have fgone unheeded, an officer is not requted to wait until an stmed and Gangerour felon has desu a bead on the officer or othe befoce using ‘deadly force.” Mont 185 In another Pedersl Court of Appeals cate for the Eleventh Circuit, Garsgwoki x Braham, 573 F.3d 1158 (11th Cir2000), Palin Beach Flovda Sheriffs deputies responded to a man armed ‘wth « handgun who was suicidal Tilly, his loition was unknown, bat though investigation, ‘officers located him in his vehicle ina secluded parking lot. Officers rushed his car with weapons ‘drswn and ofdered Garezynshi to dtop his gun, which be iily pointed at his head. Gazezynski ‘refused to drop his gua and instead began to swing it around and the officers fred, king him. The court in Gang reiterated the tatinale of the Moule caze and stated, “ven if we assumed that Garcaynski did not point his gua in the offices’ diectioa, the fact that Garczyaski did not comply swith the officer’ repeated commands 0 drop his gn justified the use of deadly force ade these Greumstances” Ganesh’ at 1169. Citing the Manone case, the cautin Gangnck alo stated, “the offices did not have contol over Garcaynsk and thee was nothing preventing him from shooting a the ofcers in an instant. The officers could easonably believe that the weapon was loaded, as it actually was, given Garezyosk’s exptesied inten to commit suicide. As in Monta, Gazcaynss epeatedly disobeyed the officer’ order, fist to show hi hands and then to drop his gun. These fietors, even assuming that Gare2yaski never pointed the gun a the officers, provided a sufficient bass forthe fice reasonably tobeleve that Gatezyshi posed an immediate isk of scious harm to them.” Gorey a 1169. In another Federal Court of Appeals case in which a person was running. away from aw ‘nforcement when he wat shot and who hid not threatened definitely the offers with + gun, the Federal court stated, "..the law does not requ officers ia tense and dangerous situations to wait ‘uni ehe moment the sospect sees a deadly weapon to act e stop the suspect” Lang Slaton, 508 F.3d 576,581 (Veh Cin2007), thas also heen secogaized by courts that offices may use deadly force to prevent escape of | ‘ flecing, dangerous felon. Tenasen Gara, 471 US. 1 (1985). The United States Supseme Coust in ‘Gamer sated, "w)here the officer has probable cauze to believe thatthe suspect poses threat of serious physeal injury, eer to the offices or others, an officer may use deadly farce." In Garey,Nove 6019 DA Leg Review Later Rey Oe Toaled Shon lve ALLAN THOMAS GEORGE Rife Plc Corpo D. Ryn hae No. 2019389 Digs beet ‘he Court also stated, "if a suspect threatens the officer with a weapon oF there is reason to believe that the suspect had committed crime involving serious phsial harm, deadly force may be sed if necessary to prevent escape, and, if where Feasible, some wating has been given.” Garner at 2 ‘The United Sistes Sopreme Court has ako stated, “The ‘reasonableness! of a paticular use of force bya police oficer must be judged ftom the pespectve of a reasonable officer on the scene, tather than 20/20 hindsight. We mist llow forthe fat that police officers are often forced to make splitsecond judgment-in circumstances that ate tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particle situation.” Grab’ x Gonnr, 40 US. 386, 396 (@985). When evaluating whether lw enforcement offices has used excessive Foce in a pariclat ‘ireamstance, the United States Supreme Court has emphasized hae there is no precbe test of “magical on/off switch” to detesmine when an officer is used in using excessive ox deadly force Sooo: Horn 550 US. 372, 382 (2007); 1a Gaba at 396. The Coutt has said "Noe mast every situation satinfy certain preconditions befoce deadly Force ean be used” Ser So at 382. "Rather, the panicular fact of each case most be analyzed to determine whether the force used was justified Unde the totality ofthe eicumstances” Sw Grado a¢ 396, The Court has further stated, “[]o the fend we must sil slosh oue way theough the faetbound morsis of “easonablenes.the oaly pesepective that count ie that ofa reasonable fice on the ecene atthe time the events unfolded.” ih “The Supreme Cour further stated, “Accordingly, che teasonablenss' inquiry ia an excessive fosce cate is an objective one: the question ie whether the officer actions are ‘objeedvely reavonable’ in light Of the fets and circumstances confronting them, without repard to their tundelying tent oF motivation” Gralam at 397. Those facts and circumstances are often “tense, uncertain sd sapaly evolving,” chereby zequiing “split-second judgments” asco how uch force is rneceseay. Id. “Because an officers perspective in the field difer from that of x judge sting peaeeflly in chambers, we aust zesist the temptation to judge an office’ actions ‘with the 20/20 sion of hindsight a at 396. Like the Supreme Court has empisized in Graham, Comporal Ryan's perspective on Monday, August 5, 2019 difess from mine siting peacefully in aa office. I too must resist the temptation to judge Comporal Ryan's acions with 20/20 vison of hindsight. Tp comsidesing the principles delineated in multiple Federal cates consideting whether an officer has weed excessive foe ina civil context in which the burden of evidentiary proofs signfianly less than it would be ina esiminal prosecution, I cannot reasonably conclude that Coeporal Ryan's ure of dear force iolnted any criminal statute. A prosecutor has an ethial duty to only se charges whlch ae upported by probable case. Moreover the National Prosecution Standacds recommend that a prosecutor ony fle formal charges when the prosecutor has resonable belie that he at she ean prove a ctime was committed beyond a reasooable doubt, a significantly higher burden of ‘evidenviry proof Moreover, Colorado statutory law must be consieze ‘Turing to Coloeado lav, the cieumstances presented to Rifle Police Officers Corporal ‘yan and Oificer McNeal justified the use of deadly fore aginst Me. George. In CRS. §18-1-707,[Nore 2019 DA Legal Review Leer ere nvived Shosing Invests ALLAN THOMAS GEORGE ie Palice Corpor D. Kyat (Case No. 019.389 Digs sal tiled, “Use of Physical Fotce in Making an Atrest or in Preventing an Escape definitions", the lw () Except a provided in subsection 2 of this tection, a peace office is justified in using reasonable and appeopriate physial force upon another person when and tothe extent that he reasonably believes it eceesary @, To effect an arest oF prevent the escape fom eustody of an arrested person unless he knows thatthe acest unauthorized 0 (©) To defend himself ora third person from what he reasonably believes tobe dhe ute or inninent use of physical force while effecting, ‘or attempting to effect mich an arrest or while preventing oF attempting to prevent euch an escape. 2) A peace office is justified in using deadly physical force upon another petson fora purpose specified in subeection (I) ofthis seeson only when he ‘reasonably believes tha itis aecestary (To defend himelf ora hid petson fern what he seaconably belives tobe the use ot imminent use of deadly physical forex ot @) To effect an ares, oto prevent the escape fom custody, of ‘a person whom he tessonably believes: () Has commited of attempted to commit a Felony Involving the use of threatened use of «deadly weapons o¢ (i) Is attempting to escape by the use ofa deadly weapons ot (MD) Otherwise indicates, except theough a motor vehile ‘lation, date ie likly to endenger human life of to ine Serious body injury to another unless apprehended without deb, (8) Nothing in subsection (2) (6) of this section shall be deemed to ‘omit ustideation for seckless or elnaly negligent conduct by 2 pace officer amounting to an offense against or with respect to innocent persons ‘whom he it not seeking to atzest or etan in custody, (4). Foe purposes of this section, a reasonable belief that a person as commited an offense means a reasonable belie in facts oF creumstances that if true would in law constitute an offeare. If the believed facts nod circumstances would notin law constitute an offense, an eexoncous though ‘aot unceazonable belie thatthe law is otherwise docs not render justifiable[over 4019 DA Lag Reviw Later Re: nolo Shosng lve. ALLAN THOMAS GEORGE Bie Paice Cpa D. Ry Digs altd the use of foce to make an atest of to prevent an escape from custody. A. peace officer wh is affecting an arrest pursuant to a waerant is justified ia ‘sing the physical force prescribed in subeections (1) and 2. thie section ‘unless the strani invalid and is known by the officer tobe invalid CRS, §183.201 defines “Peace Office” a one “engaged in the performance of his utics...and one wo is engaged oe acting in, or who is present forthe purpose of engaging oF cing in, the performance of any duty, semice, of function imposed, authorized, reqieed or penta by la to he performed by a peace offcer..whether or not the peace officers within ‘he tetra limits of his jussdetion, if tbe peace office... a uifoem ofthe person committing an assault upon or offense agsinet or otherwise acting toward the peace offce...enowe of ‘essonably should ow thatthe vet ia peace ofier.." After applying the aforementioned statutory provisions and the principles delineated by the fosemeationed fedetl courts teated to the use of deadly force by a police officer, no eximinal prosecution of any kind esn oe should oceur against Coeposal Ryan or any other petsoa, Clea, Corporal Ryan and Officer MeNeal were engaged in the performance of their duties ax “Peace Officer” and indeed, both were performing a duty sequized by lav. Corporal Ryan and Orficer ‘McNeal wete on dat, in tno in well-marked police vebicles and had verified that a Colorado court of law had isued an arrest warrant for Mr. Geonge and which commanded he be arrested, The offices had a duty to acest Mr. George. They weserequited by In and by court order to attest Me George. Allowing Me: George to leave or escape would have violated their duties as police officers snd violated the conct onder. Both officers exercised cestrint by not initially engaging Me. George with deadly foce espe hie abrupe production of a loaded handgun. Both officers bad x dy to protect themes, cach other, and innocent citizens from the threats posed by Mr. George. Engaging inthe benefit of 20/20 hindsight is not a profitable exercise when evaluating the decision of Corporal Ryan during the tense standoff with Mr. George. As in the Monet and Garsaski case, Corporal Ryzo, Officer McNeal, and inaocent members of the public ncatby faced very dangerous, volatile, and unpredictable crcametances Corporal Ryan knew that Me: Geoege ad mde suicidal statements to bis spouse and was armed with loaded handgun, ‘Ma. Geosge’s eave in the presence of Cosporal Ryan strongly corroborated the suicidal ‘mtional state which Me. George's spouse, SG, bad layed t0 Rifle Police eae i the day. Based ‘om his behave in the presence ofthe oficers and the multiple statements made by Mr. Geonge #2 Corporal yan and OlicerMieNeal evincing + desperate emotional state such a5 Its allover" 200 his verbally giving 2 countdown implying his intent to commit suicide, Corporal Ryan had a reasonable belief that Mr. George's behavioe was dangerous and unpredictable. Corporal Ryan iccty observed Me. George ignore repeated command to drop his loaded handgun aad then sempe to eseape he andl Officer McNeal fecing toward downtown Rifle while sil in possession of the handgun. At the time, Corporal Ryan and Officer McNeal had no addi! law enforcement to aid and assist them in making the lawful atret and in protecting nearby innocent. ctiens Considering thee eirumstanees, both Corporal Ryan and Officer MeNeal’s options were extremely limited,November 6019 DA Leg Review Late Ret Oe ale Shoting Ivete ALLAN THOMAS GEORGE Rife Plc Corpo D. Rn (hee Nov 019389 Digs ae19| "Engaging ina foot pursuit of Me, George was inherently unsafe ad extremely dangerous for several reatons. One, use of force studies have revealed a “eactionaty gap” tht is often present ‘tring a foot pursuit of an ste person. Once a person has decided to fre a handgun, i takes 31 fof a second (0 fire the fist shot, muliple addtional shots can also be fied ar quarer-second intervals. Two, with respect to a petzon armed and flecng, bersuze often stmed persons flesing may take coves behind 12 object ad gain a tactical advantage over the pusuingoflicer, Corporal Ryan tnd Officer MeNel could not allow Mr. George to sun away t0 4 densely populated azea stil in potession of the handgun. Pesions who flee and who are armed often adopt a hide and ambush mtegy and consequently fte on pursuing officrs at some Inter time. As both Coeposal Ryan and (fleet McNeal stated in thee interviews, pursing and atempring to physically tackle Mr, Geonge ‘yas not «viable option. Having already ignosed repeated commands to drop his handgan, Me George was sil atmed with a loaded handgun and tack him would not prevent im from Bring upon the officers or other innocent persons i the nearby vicinity. Corporal Ryan and Officer MeNedl also stated that che less-thaa-lethal option of using 2 ‘TASER (so known as a “Thomas A Swift Blecie Ri) was aot viable option ether. TASER is a leas tharlethal tool which ata shore distance delivers a temporary electric shock which may, but is not sue to, temporal disable a person, Near the beginning of the contact, Mr. George abruptly produced the handgun and neatly immediately presed it against his own body and when the handgun was not pressed against hie body, he was leaning over the Colorado River Sowing underneath the River Bridge. Using a TASER could have caused him to squeeze the tipper and shoot himself ox ease him to il inta the svi river andl drown, Therese, Mr. Geonge was fleing sseny from the officers sil in possession of his handgun. A TASER bas a maximum effective range (of 25 feet ad thu its effectiveness wae quickly out of range once Me. Geonge began sunning ay fiom the officers Numerous ciizens passed by and wete in che neatby vicinity as he tn Deployment of a TASER could have crated a situation in which the TASER filed to effesively dlsable Me. George and since he was ail in posession of the handgun, he could have diectly Ged ‘upon the officers or crstically red the handgun srking innocent passerby. Although both officers stated that Mr: George never directly pointed dhe handgun at ther, nothing prevented im from doing so ina split second and fsing atthe officers or other ianoceat [Stizenr, In viewing the avilable videos of some ofthe creumstanes, there were numerous vehicles teaveliog nearby both north and south on the River Bridge diving the standoff. ‘The CIT investigation revealed mumerour citizen witnesses who witnessed parts of the standot aad the ‘erential shooting, Tete witneses corroborated the agitated state of Me, Geosge and the minstee- long attempt by Corporal Ryan and Officer McNeal to converse with Me. George for the purpose of cgotiating his surtender. Nothing would have prevented Me. Geonge from, ian instant, pointing tnd Firing the gun a innocent passersby or taking «hostage and high jacking a vehi. Colorado la authorizes police officer to use deadly force upon anaes person when he or she reasonably believes it is necessary to defend himself/herself or tied person from what he or she resonably believes tobe the we ot insminent use of deadly physical force. Given the toxlity of the circumstances, an objective officer in Corporal Rya’s situation could have reasonably believed that Me, George posed a significant deat and potentially imminent threat of dexdly physical forceNovember 4, 2019 DA Lgl Rei Later Re!" Otc: ovalved hosing Inver ALLAN THOMAS GEORGE Ril Paice Corpor D. Ry Page 9 ‘or of serious bodily injury to ime, «fellow office, pedestrians and/or other citizen motorists passing seathy expecially as he was tunning toward the mote coneatiatedly populated area of ‘downtown Rille Ar Corporal Ryan stated in hit interview, “there are restaurants, businesses, ‘convenience stores which were super busy at che time.” Corporal Ryans decision to climinate the threat of danger tothe etizen population and to him and Officer MeNeal ws objectively reasonable under the circumatances, Becaute Me, George thew eveything in hie possesion on the ground expt the handgun, allowing him to escape while continuing to posses a loaded handgen in such 2 voladle and ‘desperate site was aot retsonable under the circumstances. Corponl Ryan and Officer McNeal had alswful atest warrant and were dtybound to arcest Mr. George [either officer had eonteol over, or custody of, Mr: George. From the ous, he ignored inital commands to place his hinds outtde ofthe vehile and he also ignoted repeated persistent ‘commands to drop bis handgwn. Very smal to federal case law ite herein in which deadly force seas fund lel justied, (Sr Ganggwchi » Bradcaw, 573 F.3d 1158 (U1th Ci 2008), these factors ‘lone proved a sufficient legal base for Corporal Ryan to reasonably believe Me. George posed a Immediate dsk of sesous hasm. However, Corponl Ryan was also avaze that Me. George had recently made suicidal statements and told his spouse that he was not going co jal. The lav did aot ‘tequice Corporal Ryan ina tense ad dangerous station to wat ntl dhe moment Me. George used the deadly weapon to act stop Mr. George in order to preven harm to himself or bers (Se Lang Slat, 308 P3456, 81 (11 Ciz2007) Colorado statute also authorizes a police office to use ressonable and appropriate force ‘upon another when to the extent the police oficer reasonably bieves it necessiry to “effect an atest of prevent escape from custody of an arested person rinless he knows that the arrest is “unauthorized” While distinguishable, ia 2 Colorado Case, Marinrg . Haye, 802 P.2d 1185 (Colo. App. 1990), a court found officers justified in using deadly force ducing an atterpted escape. Ta ‘Martine, a escape psisonce took a Gzearm from a goat, billy pointed the Hzearm a ofticers and ‘was told twice eo drop the gun. After these commands, the officers used deadly fore. The Colomido “Appellate Court found that the officer involved did not unreatonably ute deadly fosce in shooting the escapee, when the officer knew the escapee was tered and dangerous, td pointed the gun at the officer, the offices seasonablyTeaed for his on safety, the afces had given two clear wings sand the escapee was not comered. Martnegat 1187 “Here Compo Ryan knew, and had verted, thatthe arest of Mr. Geonge bd been ordered by Colorida Court. Cogparal Kyan and Officer MeNeal were requied to efec the ful arrest of ‘Me Geonge and take him into eastody, which necessarily would prohibit Mr. George's escape. The Inaadgun possessed by Mr. George was a “deadly weapon? Ie was loaded and ready to fie. While (Me Geog did not point his handgun dizely at dhe officers, he abeupay brought it ita plaa sight ‘of the officers after disregarding thei inital lafal orders to place his bande outside the vehicle's ‘window. Inetead in defiance ofthese commands, Me. George got out of the ear ad approached the ‘officers while pling aut a loaded handgun. Thereafce and for oeacy 1 minutes, both Corporal yan and Officer McNeal ordered Me. Geoege approximately 46 times to deop his handgun. Me. George discegarded these numerous verbal commands throughout the interaction. Me. GeorgeNoveber 2019 DA Leg Revi ate [Re Offcer insted hac Inveigeion ALLAN THOMAS: hse Nov 019389 Paget ‘efused to submit to lawful arrest and by continuing to conscientiously possess this handgun and not dispossess himself of it and ignoring persistent lou, clear and concise commands, be effedively ted this deadly weapon to escape, The Colorado statute juries a police officer to use deadly Force when «person utes deadly weapon to escape from Inwfl aeest-As Corporal Ryan stated i his interview conducted by CIT Investigators, had Mr. George dropped his handgun, the outcome ‘would have been toll diferent In conclusion, Alan Thomas Geowge is « human being and is now dead. No death which ‘cents duting a la enforcement contact should be dismissed without setious consideration of the appropriateness and legal permissbilty of law enforcement’ actions. I have thoroughly reviewed the circumstance leading up to, and at the time of, Mr. George's death and the applicable law relited to the ute of deadly force by a peice officer. Based on the totality of circumstances described here and the pevaling egal principles related to “use of force” by law enforcement, I dedine charge anyone with acme forthe death of Allan Thomas George, which occurred Monday, August 5,208. Resp feron