COLORADO SPRINGS, Colo. (CBS4) – An investigation has cleared an off-duty Colorado Springs police officer in a deadly shooting, saying he acted in self-defense. The officer shot and killed Desmond Hayes, 28, on Feb. 27. The officer was sitting at a Carl’s Jr. drive thru at 3:45 a.m., when Hayes got into the unmarked patrol car.

Hayes reportedly told the officer he had a gun.

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Other officers were investigating a robbery at a neighboring convenience and quickly responded. The investigation revealed Hayes was the suspect in that robbery.

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Hayes had also pleaded guilty to sexual assault charges just 10 days earlier.

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The El Paso County District Attorney’s office cleared the officer saying Hayes was committing attempted second-degree kidnapping at the time of the shooting.