The 17th Judicial District Attorney’s Office announced that Adams County Sheriff’s Deputy Lane Paintin was not charged in the shooting of a man in Denver last year.

Paintin, who fired his handgun four times at Francisco Cruz, shooting him in the chest, was found to have acted within reason to de-escalate what officers believed to be an imminent threat, according to a letter from 17th Judicial District Attorney Brian Mason explaining the decision.

The incident began in the afternoon of Feb. 18, 2024, when Adams County Sheriff’s deputies responded to the scene of a shooting in the 300 block of West 80th Avenue, according to the letter. The homeowner who placed the call said that Cruz, their next door neighbor, had fired a handgun at them and hit their house, according to the letter. Cruz then had retreated inside his house after the shooting, the caller said.

During the investigation, the homeowner described a history of disputes between Cruz and his tenants, the letter says. That afternoon, he saw a verbal exchange between the two parties in the driveway, with Cruz saying “when I want to, I can kill you” and showing a black handgun in an intimidating manner, according to the letter.

The homeowner also overheard Cruz tell the tenant to come over to him, saying “if you do not come, I am going to kill you,” the letter says.

The tenant refused Cruz’s instruction, according to the letter. Cruz then fired a round at the tenant, missing him and hitting a bucket on the front porch of the residence.

Cruz was known to carry a black handgun in the back waistband of his pants and display it on occasion, one of the neighbors told police. He also tended to get drunk and confront the residents on occasion.

As deputies arrived at the scene, they established a perimeter around Cruz’s house and directed him to exit in both English and Spanish, according to the letter. Minutes later, Cruz appeared in the doorway but refused to comply with orders to walk out and show his hands.

Cruz moved his right hand as if he were reaching to his right side, according to the letter. At that moment, Sgt. Lonn Trail, standing next to Paintin, said that he could see a gun in Cruz’s right pocket.

As Cruz raised his shoulder and reached toward his waist area again, Paintin thought he was reaching for the gun and fired his own, the letter says. Cruz had no reaction to being shot and remained standing in the doorway for a few minutes before falling to the ground.

After officers apprehended Cruz, they discovered that on his waistband was a holster but one that did not contain a firearm, according to the letter. 

Police searched Cruz’s home after the incident and found a black semi-automatic handgun on a small table in the living room, according to the letter. The gun’s magazine had a maximum of 15 rounds; 14 live cartridges were found inside and, upon clearing the weapon, an empty casing was ejected.

Cruz was transported to the hospital where he received medical treatment for his injuries, according to the letter. In jail, he admitted that he was extremely intoxicated on the day of the incident and thought he was alone in his driveway when he fired the gun. He also told police that he could not raise his hands per their orders because he was too drunk.

Cruz was charged with attempt to commit murder in the first degree, the letter says. He later pled guilty to second-degree assault and was sentenced to six years of probation.

Because Paintin thought that Cruz posed an active threat to public safety given the fact that he had previously fired a gun at his neighbor — as well as the fact that Cruz ignored police’s repeated instructions and seemingly had a gun in his pocket — Mason determined in the letter that Paintin was reasonable in thinking that Cruz was going to shoot at the officers and acted in a way that minimized the risk of further injury to others.