The Boulder County District Attorney’s Office ruled that Officer Bryan Pedigo was legally justified when he used physical force in response to a man allegedly keeping the occupants a Boulder home hostage.
The occupants of the home, located on North Broadway and Iris Avenue called 911 on Nov. 28 around 9:13 p.m. claiming they were being held hostage by a man identified as John Lee Fleming, according to a news release from the DA’s office.
A male victim told dispatchers Fleming had a stick and a knife and had struck the man in the head as he and his wife were fleeing to their bedroom for safety. The man also said he did not feel they were going to make it out alive, according to the news release.
Boulder Police officers responded to the call and were able to make contact with the home’s occupants through a window in the bedroom. Meanwhile, other officers attempted to convince Fleming to open the front door.
Instead, Fleming breached the bedroom door, causing the officers to make “the decision to immediately make entry into the home out of fear for the safety of the occupants,” the news release states.
Pedigo entered the house and immediately came into close contact with Fleming, who had his hand in his pocket. Pedigo reported telling Fleming to remove his from his pocket, however, Fleming “turned his back, stepped away and went around the corner with his right hand in his jacket pocket,” according to the release.
Pedigo reported seeing Fleming pull out a black metal object with a hole in the front and raise it toward him, the report states. Pedigo thought the object was a gun and fired one shot from his own weapon.
According to the DA’s news release, the shot hit a wall and did not hit or injure Fleming.
Fleming allegedly doused Pedigo with pepper spray. Pedigo retreated from the home, with Fleming in pursuit. Fleming was arrested by other officers on the scene.
The family was able to escape through a bedroom window while officers were apprehending Fleming.
Pedigo received medical care for the exposure to pepper spray.
It was determined by the Boulder County Investigative Team — “a multi-agency team designed to investigate use-of-force incidents in which any law enforcement officer used deadly, or potentially deadly, physical force against a person while acting under the color of official law enforcement duties” — ruled that Pedigo’s actions were legally justified. He will not face criminal prosecution, according to the release.
“This scary situation could have ended much worse. I am glad that everyone survived this dangerous encounter. I appreciate the work that went into this investigation because these incidents are important to everyone involved and to our community. That’s why our protocol is broader than that required by state law, which is limited to incidents involving the discharge of a firearm by a peace officer that results in injury or death. The review of incidents such as this one is a priority for my office,” said District Attorney Michael Dougherty.
