The Windsor police officers who exchanged gunfire with a man they say shot at them from on top of a firetruck at a hotel early last month were legally justified in their use of force, 8th Judicial District Attorney Gordon McLaughlin said in his decision letter Friday afternoon.
McLaughlin’s decision comes after his review of the Critical Incident Response Team investigation into the Windsor shooting, which was led by the Loveland Police Department. As part of his review, McLaughlin said he watched the officers’ body camera footage and reviewed their interviews with CIRT investigators.
Because no one was hit by gunfire or injured in the shooting, a CIRT investigation wasn’t legally required, but McLaughlin said a CIRT investigation was initiated “due to the agreement of all parties involved and in the interests of transparency and investigative thoroughness.”
More: How Larimer County police shootings, use-of-force cases are reviewed by multi-agency team
Two Windsor police officers — Sgt. Stephen Cantin and then-Officer Siobhan McTighe, who has since become a sergeant — exchanged gunfire with a man at the AmericInn Lodge and Suites, 7645 Westgate Drive, on Jan. 7. Officers responded at the request of Windsor Severance Fire Rescue personnel, who initially responded to the hotel shortly after 4 p.m. to a fire alarm activation.
Hotel staff told responders that a guest — later identified as Damian Jackson — pulled the fire alarm. When officers arrived, a hotel employee directed them to Jackson, who the employee described as wearing a reflective vest, acting “sporadic” and was thought to be armed, according to investigators.
See a video interview conducted with Larimer County Sheriff John Feyen on the night of the shooting here:
Cantin and McTighe approached Jackson with their weapons drawn while a third officer held a ballistic shield, McLaughlin said in his letter.
“As officers approached, Jackson moved around the front of the front of the firetruck to the driver’s side of the truck and started climbing up a ladder on the side of the truck,” McLaughlin wrote. “Officers issued multiple verbal commands telling him to ‘stop’ and ‘get off the truck.’ “
McLaughlin’s letter says officers continued approaching as Jackson climbed to the top of the truck, pulled out a gun and fired once at the officers. The officers retreated and took cover behind a car parked in the lot.
Cantin and McTighe exchanged gunfire with Jackson while “pinned down” behind the parked vehicle. Body camera footage showed that each officer fired two shots and Jackson reportedly fired two shots (in addition to his first shot) during this time, McLaughlin wrote, but it is unclear what order the shots were fired in. Cantin aired on his radio that they were being shot at and that the area needed to be locked down as an “active shooter” scene.
Officers noticed another vehicle in the parking lot, between them and the firetruck, that was occupied by two civilians. At some point during the exchange of gunfire, those civilians were able to get out of their vehicle and take cover behind the other parked car with the officers.
At about 4:45 p.m. — shortly after law enforcement from other nearby agencies arrived — Jackson climbed down from the top of the firetruck and began walking toward the officers, McLaughlin said. Jackson reportedly did not listen to commands to stop and get on the ground, so a Larimer County Sheriff’s Office deputy attempted to shock him with a Taser, but it was unsuccessful. A second deputy successfully deployed their Taser on Jackson, and he was taken into custody just before 5 p.m.
Investigators say Jackson had two handguns and was wearing two ballistic vests when he was arrested. A third gun was found on top of the firetruck with 12 unfired rounds in the gun’s 15-round magazine, according to McLaughlin’s letter, “suggesting that three shots had been fired from the gun.”
McTighe told CIRT investigators that Jackson walked “with intention” when officers first approached him, ignoring their commands. She said she believed Jackson climbed on to the firetruck to get the “high ground” on officers, and she through Jackson was trying to kill them, McLaughlin wrote in his letter.
Cantin told CIRT investigators he “feared for his life and his team’s lives” during the shooting, and he knew that Jackson was in a “far superior position of advantage” when he climbed on the truck, so they retreated behind a parked car, according to McLaughlin’s letter.
At one point, Cantin said he thought he’d been shot and asked McTighe if he had been, and McTighe confirmed he was not, McLaughlin said in his letter. No one was hit by any gunfire during this shooting.
Jackson was also interviewed by investigators, but those comments were not included in McLaughlin’s letter due to the ongoing criminal case, McLaughlin said in his letter.
Jackson has been charged with:
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Five counts of attempted murder, a Class 2 felony
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Three counts of first-degree assault, a Class 3 felony
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Five counts of felony menacing, a Class 5 felony
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False reporting, a Class 2 misdemeanor
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Resisting rrest, a Class 2 misdemeanor
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Obstructing a peace officer, a Class 2 misdemeanor
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Reckless endangerment, a Class 2 misdemeanor
Jackson’s defense attorney, Benjamin Iddings, requested a competency evaluation for Jackson during a Feb. 6 court appearance. Legal competency refers to a person’s ability to meaningfully and knowingly engage in their court case and legal proceedings.
The judge ordered a mental competency evaluation, and Jackson is next scheduled to appear in court March 7. He remains in the Larimer County Jail on a $500,000 bond.
All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
This article originally appeared on Fort Collins Coloradoan: Windsor hotel shooting: Police justified in gunfire exchange, DA says
