DENVER (CBS4) – The Denver District Attorney’s Office says no charges will be filed against the police officers involved in the fatal shooting of Antonio Black Bear two months ago. The 41 year old was shot and killed near West High School at West 10th Avenue and Inca Street on Sept. 9.

Antonio Black Bear

(credit: Black Bear Family)

The DA’s office released a report Monday that states the shooting was legally justified. Police said multiple witnesses reported a man was waving a gun around and making threats and calls to 911 were made. Officers arrived 9 minutes later. When they got there the report says Black Bear was pointing the gun at “terrified” occupants of a pickup truck and also was threatening other people in the area.

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“When Mr. (Black Bear) saw the officers, he pointed what convincingly appeared to be a Glock handgun directly at these officers and they acted in self-defense and in defense of others,” Denver District Attorney Beth McCann said.

(credit: Denver Police)

(credit: City of Denver)

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It turns out Black Bear had an Airsoft gun that was a replica of a Glock handgun. He refused to put his hands up when ordered to by the officers to do so and advanced towards them with the gun pointed at them. That’s when the officers fatally shot him.

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“This was a clear cut situation: Mr. (Black Bear) was threatening lives as these officers responded to several community members’ calls for help,” McCann said.

Jesse Sarles