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Police officers involved in fatal shooting will not face criminal charges

The Boulder County District Attorney’s Office conducts a Community Town Hall after every officer-involved shooting.
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Jeannette Alatorre, 52, was shot and killed during a police-involved incident on Dec. 17.  Boulder Police Officers Nathan Schultz and Jarrett Mastriona fired their weapons after an hour long interaction with Alatorre. After an investigation, the actions of the officers were found to be reasonable and neither is subject to criminal prosecution, according to the Boulder County District Attorney’s Office. 

Alatorre was accused of burglarizing the home of her former employer on Oct. 11 and stealing a “BB type pistol that looked somewhat real,” according to a news release from the DA’s Office.

On Dec. 17, Alatorre visited the North Boulder Recreation Center and was overheard saying “I have to defend myself.” The patron who heard Alatorre talk to herself also reported seeing a gun in her purse. He reported the incident to the recreation center staff but did not mention the gun. 

The staff discovered Alatorre in a family changing area with the door locked. They asked her repeatedly to come out but were unsuccessful. The staff contacted the Boulder Police who found Alatorre in the bathroom washing her hair. They allowed her to finish before escorting her out of the building. The recreation center staff did not want to press charges or have Alatorre issued a trespassing warning.

Before the police left the premises, Alatorre challenged one officer to fight her but the police were able to leave without further incident from Alatorre who was seen walking away from the building to the west. 

Nearly an hour after the initial contact, police received 911 calls that Alatorre had stepped into and blocked traffic. She was said to have “menaced bystanders with a handgun while outside the Recreation Center,” as well, according to the DA’s report. While blocking traffic, Alatorre kept her hand in her purse, pointing it at people “in a manner that made the driver believe she possessed a firearm,” the report stated.

Officers arrived on the scene and issued commands for Alatorre to drop her bags and raise her hands in the air. She refused to heed any of the officers' commands. Officers issued a warning that they would use force before they shot several “less-lethal bean bag rounds,” according to the report. Officers reported that the bean bag round hit Alatorre but did not seem to affect her. 

Alatorre pulled a gun from her purse and began pointing it at people and officers. Officers held their fire for some time because there were people and cars behind Alatorre. After Alatorre pointed her weapon at Schultz a third time, he fired nine rifle rounds at her. After she fell to the ground, Mastriona witnessed her on the ground but “raising her torso and arm in a manner as if she would sit up and begin firing at officers,” he stated in the report. 

Mastriona fired three consecutive rifle rounds at Alatorre who fell back to the ground. Officers approached and removed the gun she was holding in her right hand. They immediately began locating her wounds and started CPR until paramedics arrived shortly after, according to the report. 

Alatorre was pronounced dead at the scene. Drug paraphernalia were located in her belongings as well as court papers that indicated she had a criminal history that included convictions for misdemeanor child abuse, harassment, felony assault, drug possession and robbery. At the time of the incident, she was on probation for robbery out of Denver County. 

Officers also discovered that the weapon she held during the incident was a Beretta APX .177 caliber air pistol, which is an accurate replica of a real 9mm caliber Beretta APX handgun, according to the news release. 

“The Critical Incident Team conducted a thorough and independent investigation. The people who encountered Ms. Alatorre that day believed she had a real gun, while using it to threaten civilians and police officers. It is certainly a tragic incident due to the loss of life. It was reasonable, though, for the officers to believe Ms. Alatorre posed a threat to the lives of others. Under the law, the police officers did not commit a crime that can be proven beyond a reasonable doubt,” said District Attorney Michael Dougherty.

The Boulder County District Attorney’s Office conducts a Community Town Hall after every officer-involved shooting. The Town Hall is scheduled for March 14 at 3 p.m. Residents can join the meeting by clicking here. Anyone who would like to submit a question can email them to [email protected].



Macie May

About the Author: Macie May

Macie May has built her career in community journalism serving local Colorado communities since 2017.
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