The Boulder County District Attorney’s Office on Monday announced that a Longmont police officer was “legally justified in his use of reasonable and appropriate physical force” when he fired his weapon at a vehicle in which a suspected car thief was fleeing on Aug. 10.
The incident was investigated by the Boulder County Investigation Team, which found police officer Kenneth Nix fired at a vehicle tire “to effect a felony arrest and in response to the imminent risk of death or great bodily injury to numerous individuals,” according to a news release from the DA’s office.
The Boulder County Investigation Team, also known as the Critical Incident Team, investigates incidents in which law enforcement uses physical or deadly force in the course of official duties. It was determined the team did not need to investigate since the incident did not involve the use of deadly, or potentially deadly physical force, however, since the team responded and conducted the investigation, it was decided the report should be completed and made public, the DA’s office stated in the release.
Longmont police did not participate in the investigation.
The shooting happened as police were investigating “multiple calls from residents in the area surrounding the 800 Block of Bross Street, regarding a person who was breaking into cars, climbing on roofs, entering residents’ garages, and had entered at least one home,” the DA’s office stated in the release.
While officers were searching for the suspect, who was described as a “heavier set, shirtless, white male who was heavily tattooed,” a homeowner reported she had just seen the individual enter her garage without permission, according to the DA’s office.
“As the police officers started to approach the garage, the garage door opened, the reverse lights of a Suburban inside the garage came on, and the driver reversed very quickly down the narrow driveway,” according to the release. “The police officers yelled loud, clear commands at the driver to stop the vehicle. The driver of the stolen Suburban matched the description of the individual who had been breaking into cars and entering garages in the area.”
The driver of the stolen Suburban was later identified as 31-year-old Keith Beyer, who has been charged with second-degree burglary, motor vehicle theft, reckless endangerment, leaving the scene of an accident and related offenses, according to the DA’s office. He is set for a preliminary hearing on Thursday.
“Beyer continued to reverse out of the driveway at a high rate of speed. When he entered the roadway, he rapidly left the scene with multiple police cars in pursuit,” according to the release. “The round that Officer Nix fired had struck the Suburban’s tire, causing the tire to deflate as Mr. Beyer continued to drive. At Bowen Street and Spruce Avenue, Mr. Beyer abandoned the vehicle and was taken into custody after a brief foot chase.”
Many of the events were captured on video and/or audio from body-worn cameras, which were generally consistent with the interviews of the officers and civilians, according to the DA’s office. Portions of that video can be viewed here.
District Attorney Michael Dougherty in the release stated, “Based on the investigation, the police officers performed lawfully in their response to the alleged offenses and actions of Mr. Beyer. I appreciate that the Boulder County Investigation Team conducted an independent review of this incident. The integrity and outcome of these investigations is important to our community.”
The district attorney’s detailed report, along with the video presentation prepared by the Critical Incident Team, can be found here.
Dougherty will conduct a town hall at 9 a.m. Friday to discuss the process and the detailed findings. Questions can be submitted in advance by emailing [email protected]. To join the meeting, visit https://tinyurl.com/y5ygod5g or call 720-400-7859 and use conference ID 965 967 967#.
