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Denver police say man killed by officers was armed with BB gun

Denver police on Wednesday released body camera and drone footage from a fatal officer-involved shooting that occurred last week.

The man killed, identified by police as Joseph Frank Martinez, 58, was armed with a BB gun at the time of the shooting, police said at a news conference.

Denver Police Department Major Crimes Division Commander Matt Clark said at about 3:40 p.m. April 7, a 911 call was placed regarding a man outside a residence armed with a gun. 

The caller, later determined to be a family member of Martinez, only provided police with an address in the 1000 block of South Quitman Street before the call disconnected.

Officers were on scene within 3 minutes, Clark said, and set up a perimeter. Responding officers, which included the Denver Metro Police SWAT team, then tried to speak to the man, who responded to police with profanity. 

Officers observed Martinez was armed with a “hunting style” rifle, Clark said. A shelter-in-place order was issued to nearby residences as officers attempted to speak with him for more than an hour. 

A family member was also seen leaving the residence Martinez was near and trying to wrestle the gun from him, Clark said. The family member was unsuccessful and then re-entered the house. 

Clark said an officer then fatally shot Martinez after he noticed the officer in a neighboring yard and raised the rifle at him. Police then determined the rifle Martinez was carrying was a BB gun, Clark said.

Clark said some communication with family at the scene indicated the weapon may have been fake or nonfunctional, but that could not be confirmed.

“The officers were essentially left with an individual who possessed a weapon that looked very similar to a rifle that was pointed directly at them,” Clark said.

In the footage, an officer can be seen positioned behind a fence as police attempt to speak to Martinez, asking him to put his rifle down using a loudspeaker. Martinez can be heard yelling expletives at the police in response.

After several minutes, the officer can be seen raising his rifle above the fence. He then says “drop it” twice before opening fire. The officer fired a total of five times. The officer then climbs above the fence and begins directing other officers to Martinez’s location.

The drone footage shows Martinez, who appears to be armed with a rifle, standing in a backyard. He can be seen walking around the yard and raising the rifle repeatedly. He then walks near a camper in the yard and appears to raise the rifle before he is shot and falls backward.

Chief Ron Thomas said the shooting was a “tragic conclusion.” The officer who fired the shots has been with the department since 2019, Clark said, and has been placed in a non-line assignment position until the outcome of a multi-department investigation.


Matt Kyle

Reporter


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