By Cleo Westin
The Gazette (Colorado Springs, Colo.)
COLORADO SPRINGS, Colo. — A Colorado Springs police officer shot a man on the ground 30 seconds after he was disarmed while trading gunfire with another officer on Feb. 2, according to a significant event briefing video released Friday.
Officers ran after the man, who fled after “acting suspiciously,” resulting in one officer and the suspect injuring each other with gunshots at close range.
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When the suspect attempted to get away, the other officer pursued him and fired at the suspect, who allegedly attempted to grab the officer’s weapon, according to the briefing.
The man, Michael Foster, 35, was first seen by officers near East Bijou Street and Balfour Avenue wearing a mask on a “warm afternoon” around 1:30 p.m. On that day, the high temperature peaked at 54 degrees at noon in Colorado Springs, according to National Weather Service data.
When Foster saw police, he allegedly ran into a building where “criminal activity” has previously occurred, according to police. Police saw Foster again in the same area 40 minutes later and he fled when officers pursued him.
The limited body camera footage released shows Foster running away from police by crossing the street while ignoring their commands to get on the ground before running into a fenced area next to a garage with no exit.
Moments later, Foster and the officer shot each other. Police say Foster was disarmed in the process.
The body camera footage from the injured officer, Dan Mork, ends with him on the ground saying he was shot.
The second camera, worn by Officer Steven Mibert, shows him pointing his weapon at Foster, who was lying on the ground, appearing to be conscious and in pain.
“Move again, I’m going to shoot you,” Mibert said to Foster, which was captured on the body camera.
Foster then began to get off the ground slowly and run back toward the street while Mibert tried several times to drag him down. Once on the ground in front of him, the officer fired at him five times around one second after police say Foster attempted to grab the officer’s service weapon several times.
The body camera footage ends with Foster appearing motionless on the ground in front of the garage.
Foster is still in the hospital in critical but stable condition with life-threatening injuries, according to the briefing. Mork was sent to the hospital for a serious, non-life-threatening injury and has since been released.
Police recovered a loaded Springfield Hellcat 9mm from the scene, which was stolen.
Police say Foster will face attempted murder of a peace officer, first-degree assault on a peace officer, two counts of resisting arrest and possession of a weapon by a previous offender.
Under Colorado law, the El Paso County Sheriff’s Office is investigating this use of force by Mork and Mibert. The results of its investigation will be sent to the 4th Judicial District Attorney’s Office to determine whether their acts were lawful.
Mibert has been with CSPD for over eight and a half years, while Mork has served 26 years.
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