Officer Cleared In Fatal Shooting, 'Performed In Exemplary Manner'
FORT COLLINS, Colo. (CBS4) - A police officer in Fort Collins has been cleared in connection with a deadly shooting earlier this month.
The officer shot a man whose family members say was unarmed, but the suspect did have a gun and now Larimer County's district attorney says shooting him was justified.
The district attorney's report not only clears Officer Peter Dekraker of any wrongdoing, but it goes as far as saying the officer should be commended for his service and quick thinking.
The new report details the events of the late afternoon of Oct. 5 that led to the shooting of Dekraker, a rookie officer, and known gang member Tino Martinez. It says 9 minutes passed between Dekraker encountering Martinez near Shields Street and Drake Road and Martinez firing his gun.
"Everything that I've been able to see, Officer Dekraker performed just in an exemplary manner, did everything according to his training, stayed in the fight even after he had been wounded," Fort Collins Police Services Chief John Hutto said. "So at this point I don't see anything that should have been done differently."
Dekraker had gone to an apartment complex to check on Martinez, who was sprawled out on a staircase. After waking Martinez, investigators say the man tried to distract Dekraker, and then Martinez pulled a revolver from his backpack and fired at least one shot.
Dekraker's vest stopped the bullet, but the force punched a hole in his shoulder. He returned fire, killing Martinez.
At the time of the shooting, Martinez had active warrants out for his arrest, and his
family insisted Martinez did not have a weapon.
"I certainly understand grieving family members, I understand and empathize with that, but at the same time I think we have to give a nod to the facts and the facts were that Tino Martinez shot our officer," Hutto said.
Dekraker remains on paid leave and is expected to return to work by the end of the month.
In the report police described Martinez's behavior just before the shooting as groggy and belligerent, refusing to answer some questions about whether he was on drugs. It's not clear if he was until toxicology reports are released.
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