By Cleo Westin
The Gazette (Colorado Springs, Colo.)
COLORADO SPRINGS, Colo. — The deadly shooting of a man by Colorado Springs police officers at a McDonald’s was ruled justified by the 4th Judicial District Attorney’s Office on Monday, the office announced in a news release.
The ruling determined officers Daniel White, Mitchell Mueller and Michael Dauchy did not violate the law in shooting Benjamin Greenfield, 40, as he attempted to flee from a traffic stop at the restaurant in the 1200 block of North Academy Boulevard around 11 p.m. on April 4.
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A month earlier, Greenfield was taken into custody after allegedly attempting to escape the FBI and Colorado Springs police serving a search warrant. Officials said Greenfield set multiple fires to the home he was in, according to previous Gazette reporting.
That incident, in addition to other previous convictions, led police to block Greenfield’s truck in after they saw another person enter it and prevent him from fleeing, the release stated.
“I’ve seen his truck many times,” Mueller told investigators with the El Paso County Sheriff’s Office. “I know exactly what his truck looks like. As soon as I pass the wooden fence, I see his truck.”
When he tried to escape officers, the truck became stuck on the curb.
Greenfield did not comply with repeated commands to exit the vehicle coming from some of the six officers on scene, who warned they would shoot if he ignored their instructions.
One officer requested a “40-millimeter launcher” containing a less-lethal “kinetic impact projectile weapon”, but none were available in the area.
Officer Daunchy then began throwing rocks through the truck’s windows, missing at least twice, so a pepper ball could be deployed. Before the device was deployed “several officers” witnessed Greenfield reaching around his vehicle and then discharging a firearm at least once.
That prompted three of the officers to fire a combined total of 39 rounds from their 9mm handguns. An El Paso County deputy who joined the Colorado Springs Police Department for proactive patrolling did not return fire.
Body camera footage previously released by police shows at least one officer questioned whether Greenfield had shot a weapon seconds after allegedly doing so, according to previous Gazette reporting.
“I was looking at the truck, heard a loud pop from inside the truck, saw a muzzle flash in the truck, and took glass to the face — at which point I kind of paused and realized that he had just shot at us,” Dauchy told investigators.
Greenfield was struck “approximately” 10 times, and he later died of his injuries at a local hospital.
Police allegedly recovered a .40 caliber Smith and Wesson SD40 2.0 semi-automatic handgun
Greenfield’s autopsy by the El Paso County Coroner’s Office determined he had amphetamine and methamphetamine in his system at the time of his death.
The District Attorney’s Office ruling found the officers’ use of force was justified given they were attempting to apprehend a suspected drug dealer who began to pose a threat to their lives and those around them.
Their ruling also considered officers less lethal “degrees of physical force” upon arrival and Greenfield’s history with law enforcement.
The jusitification means none of the three officers will face criminal charges related to their deadly use of force on April 4 .
Mueller and White have both been officers in the Gold Hill Division for four years, according to the news release. Dauchy has been with CSPD for four years and is assigned to the Sand Creek Division.
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