Longmont Police Ofc. Nathan Miller fired seven shots into a Longmont home on June 15 after a pursuit.

Luckily, he missed and the homeowner who fired at him first with a pellet gun because he thought he was an intruder lived. 

20th Judicial District Attorney Michael Dougherty determined that the weapon discharge was justified and does not constitute a criminal offense, according to a Thursday news release.

A Boulder County Critical Investigation Team looked into the case, despite the outside investigation not being required by state law as a deadly shooting would have.

According to the release, the multi-agency team is designated to “use-of-force incidents in which any law enforcement officer used deadly, or potentially deadly, physical force.”

Miller was investigating a stolen car with the owner reporting there was a gun in it. The Longmont Police Department tracked the vehicle and eventually disabled it with stop sticks during a chase. The suspect who stole the car then fled on foot into a residential neighborhood, according to the report.

Police received a 911 call from a nearby homeowner saying that the individual was hiding in their garage. Officers, patrol vehicles and SWAT officers then surrounded the home.

While cops surrounded the front door, they heard screams inside. They believed the homeowner to be in danger. Miller began to enter the home to assist. The homeowner believed the police officers to be the intruder and opened fire with a pellet gun, the release states.

Miller returned fire, thinking the pellet gun, which reportedly looked like a real gun, was a firearm. Miller fired seven shots. All of them missed.

The suspect who stole the vehicle had initially hid in the garage but was later found in the backyard of a neighboring house. He was arrested and currently faces car theft charges, among others. 

“As defined by Colorado law, the physical force used by Officer Miller was reasonable because he fired after he perceived correctly that a gun was pointed at him,” Dougherty said in a statement. “Consequently, there are no criminal charges that can be proven beyond a reasonable doubt.”

“Bad decisions and miscommunication almost resulted in a tragedy,” he said. “It is incredibly fortunate that no one was injured or killed in this confusing sequence of events.” 

Miller had been placed on administrative leave immediately after the incident. He was released from leave on Thursday and will return to active duty, according to Police Chief Jeff Satur.