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.

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

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

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.

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