Broomfield officer used justifiable amount of force in fatal shooting, DA rules

The 17th Judicial District attorney ruled that a Broomfield Police Department officer who shot and killed a man who allegedly approached the officer with a sharp object used a justifiable amount of force. 

17th Judicial District Attorney Brian Mason announced in a decision letter Tuesday that the officer — Shane Mortenson — involved with the shooting of 44-year-old Frank Powels on Jan. 10 will not face any charges. The officer’s use-of-force was justified under Colorado law that says “police officers, like any other individual, have the right to defend themselves or others from the use or imminent use of unlawful physical force,” Mason said in his letter to Broomfield police.

The incident began around 8:30 p.m. on Jan. 10 at an apartment complex at 780 Burbank Street. The department received multiple 911 calls reporting a domestic violence incident. 

Following an argument that evening, Powels allegedly struck the girlfriend outside of the apartment. He then picked up a wooden stool and hit her. When a neighbor came out, he allegedly threatened them, too.
 
The girlfriend had another domestic violence incident with Powels a few months prior, according to the letter. The incident led to criminal charges filed against the man. 

The victim, unnamed in the letter, said she needed immediate help Jan. 10 and that her mother was fighting her ex-boyfriend, Powels, outside. 

Dispatched aired a message to responding police that the suspect had committed “felony assault charges,” according to the letter. 

Multiple officers searched the apartment complex for Powels, who was eventually found by Ofc. Mortenson on the first floor of the apartment building at 655 Alter Street.
 
Mortenson yelled for the man to stop, but the man walked away, stopped, turned around and headed toward the officer. Mortenson noted that the man picked up pace toward him and was holding a “sharpened linear object.”
 
The man picked up the pace, moving directly at Mortenson. The officer then fired four rounds at Powell, striking him. He dropped to the ground and received medical attention. He later died at the hospital.
 
Powels allegedly had a few run-ins with police and multiple warrants, according to the girlfriend. She said that Powels had previously stated: “It [the police] ever come to me, then I’m going to give it my all. I’m not going down without a fight.”
 
A broken wooden broomstick was later found as the object Powels was wielding when approaching the officer. 

After an investigation by the 17th Judicial District Critical Incident Response Team, Mason reviewed its findings and decided that the prosecution wouldn’t be able to prove Mortenson was not justified in using reasonable force.


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