No criminal charges will be filed against two Longmont police officers who shot a man following a confrontation at an apartment complex last month, the Boulder County District Attorney’s Office announced Thursday afternoon.
An investigation by the 20th Judicial District Critical Incident Team found the officers, Nathan Miller and Brian Macchione, were legally justified in “their use of reasonable and appropriate physical force” when they fired on Antonio D. Armstrong, the DA’s office stated in a news release.
The multi-agency Critical Incident Team investigates incidents in which law enforcement uses physical or deadly force in the course of official duties.
The Longmont Police Department did not participate in the investigation, according to the release.
Police shot Armstrong after being called to the Stonehedge Place apartments at 600 Martin St. early the morning of July 10 after he allegedly pointed a gun at officers who were responding to a report of harassment. The gun was actually a BB gun but looked identical to a handgun, according to police.
Armstrong, 26, was arrested on July 23 and faces four counts of felony menacing and one count of felony first-degree criminal trespass, as well as one charge each of harassment and domestic violence, both misdemeanors. He is set for a status conference on Aug.17, according to the DA’s office.
The party that reported the July 10 incident told police Armstrong had “a 9mm in his back pocket and that he would not leave the victim’s residence,” the DA’s office stated in the release. “The victim later informed police that Mr. Armstrong regularly carried a handgun in his pocket and a silver revolver in his duffle bag.”
When police arrived, Armstrong failed to comply with requests and instead pulled the gun, later determined to be a BB gun, from his waistband, according to the release.
“Officer Miller made a split-second decision and fired his weapon in defense of himself and others. Then, Mr. Armstrong crouched between two cars,” the release stated. “Officer Macchione observed Mr. Armstrong still holding what appeared to be the semi-automatic firearm with the gun pointed toward several officers. Officer Macchione fired two rounds from his rifle. Upon hearing the gunshots, the victim believed Mr. Armstrong was firing his weapon(s) into her residence.”
The release noted the “gun was all black, did not have a colored plastic tip and was modeled after a Beretta semi-automatic handgun. Additionally, police recovered another BB gun inside Mr. Armstrong’s bag, this one modeled to look like a revolver. Both were designed to look like actual guns. Certainly, that is how these were used by Mr. Armstrong — both in his earlier interactions with the victim, as well as in his encounter with the police officers.”
A photo of the BB gun police recovered after a man was shot by officers on July 10, 2020.(Photo courtesy of Longmont Police Department)The news release also stated that at one point Armstrong placed the gun to his head and several clicks were heard; five BBs were later recovered from Armstrong’s head.
District Attorney Michael Dougherty in the release stated, “Mr. Armstrong’s actions that night impacted everyone involved, including those community members who live in the apartment complex. The investigation into this incident was important to the civilians and police officers, as well as to our community as a whole. For that reason, I appreciate the thorough work and expertise of the multi-agency Critical Incident Team. Their exhaustive efforts allowed us to reach the right result.”
While privacy laws limited how much information investigators received on Armstrong’s injuries, the decision letter states after a review of body camera footage and the recovered clothing, it appeared Armstrong “suffered a ‘through and through’ gunshot wound going from his right forearm to his right bicep and a gunshot wound to the right rear hip. Both of these injuries are consistent with the administrative records from the hospital and the defects to Mr. Armstrong's jacket, pants, and underwear.”
The body camera footage also showed possible gunshot wounds to Armstrong's upper back and right upper arm, according to the letter.
A video containing body-cam footage and other information related to the case can be viewed here.
Administrative records obtained from Medical Center of the Rockies in Loveland, where Armstrong underwent emergency surgery, noted “the presence of multiple gunshot wounds, a fractured right radius, damage to the arteries in the right arm, a fracture to the right iliac wing and lacerations to the left side of Mr. Armstrong's neck and ear, which appeared consistent with a grazing gunshot wound,” the letter states. “The administrative records also reveal that Mr. Armstrong underwent a colectomy and surgery to repair a damaged artery in his right arm. Mr. Armstrong also presented for treatment with the self-inflicted injuries to his left temple and several BBs that had gathered together to form a lump in his forehead.”
Investigators talked to 15 officers who responded to Stonehedge Place, as well as several additional witnesses including EMS and fire department personnel, neighbors, lay witnesses and relatives, according to the decision letter. The letter also includes a summary of what was seen on officers’ body cameras during the incident.
Dougherty will hold a virtual community meeting to discuss the findings of the investigation at 11 a.m. Aug. 18. To join the meeting, click here or call 720-400-7859, and use conference ID 485 581 792#. Questions can be submitted in advance via email to [email protected].
