The actions of a Lafayette police officer in shooting at a suspect during a Nov. 8 incident was found to be legally justified by the Boulder County District Attorney’s Office.
The Critical Incident Team for the 20th Judicial District investigated the shooting involving Officer Jared Fender that took place Nov. 8 in Lafayette. The Lafayette Police Department was not involved in the use-of-force investigation.
According to a letter from District Attorney Michael Dougherty detailing the results of this investigation, at 1:20 a.m. on Nov. 8, Lafayette police received a Flock License Plate Reader hit on a stolen car in Lafayette. Flock License Plate Readers flag license plates related to auto thefts, serious crimes and violent offenders.
Fender and Cpl. Cesar Rivas went to the area of the hit and observed the stolen gray Toyota Camry at the Circle K off South Public Road. A man, later identified as Ethan Huiras, 20, and a juvenile girl spotted the police vehicles and began fleeing on foot.
The girl ran westbound and was later apprehended by officers. Huiras also fled westbound, but then ran back toward the stolen Camry, the report said.
Huiras got into the driver’s seat before Fender caught him. According to the report, the officer attempted to pull Huiras out of the car to prevent him from fleeing, but Huiras reached toward his waistband.
Fender, believing Huiras was reaching for a weapon, stepped back from the struggle, pulling his weapon and seeking cover behind the Camry. Fender yelled at Huiras, “Don’t, don’t you do it! What do you got in your hands? Show me your hands!”
The report said Huiras exited the car with a handgun pointed at Fender, firing and shooting Fender in the leg. Fender fell to the ground behind the car and heard Huiras fire two more shots, the third of which was later determined to be a self-inflicted gunshot wound to the head, which caused his death.
Fender could still see Huiras' foot on the ground and felt scared that Huiras was going to try to kill him, according to the report. Fender then fired his weapon nine times at the back of the Camry in the direction of where he believed Huiras to be positioned.
The report said none of the rounds struck Huiras inside the vehicle. Rivas approached the driver’s side of the car and found Huiras slumped over still holding the handgun.
“Based on Colorado law, the physical force that Office Fender used was both reasonable and appropriate under the circumstances,” Dougherty concluded.
Boulder County’s Critical Incident Team investigates 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. This is broader than what is required by state law, which is limited to incidents involving discharge of a gun by an officer that results in injury or death.
The district attorney commended the officers’ actions in his letter.
“Officer Fender suffered a terrible injury, and he is fortunate to be alive,” Dougherty wrote. “He and Corporal Rivas acted with courage and professionalism throughout this entire incident, even after Officer Fender had been shot in the leg. Although my role is to determine whether criminal charges are appropriate, I would be remiss if I failed to recognize their service, bravery and response in this scary and tragic encounter.”
Dougherty holds a community town hall after every Critical Incident Team investigation. This town hall will be held at 11 a.m. Friday via Microsoft Teams and can be joined at www.bit.ly/LafayetteOISTownHall.
