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CRAIG, Colorado — The district attorney for the state's 14th Judicial District has determined that two police officers were legally justified in using deadly force against a Mississippi fugitive who disarmed them and briefly held them hostage near the Utah-Colorado border in March.
In a statement issued Thursday, District Attorney Brett Barkey said he issued letters to Moffat County Sheriff KC Hume and Colorado Parks and Wildlife Director Bob Broscheid advising them that sheriff's deputy Bhrent sShock and wildlife officer Nathan Martinez were legally justified in using deadly force against James Brent Damon.
"The district attorney's office will release the letter and associated investigative reports upon resolution of the criminal prosecution of Georgie Hand, who was with Damon at the time of the incident," Barkey said in the statement.
Damon was shot and killed by Martinez on March 9. Hand was not injured.
Martinez and Shock encountered the couple while they were investigating a trespassing report that involved a white Ford Explorer parked on private property north of U.S. 40 about 20 miles east of the Utah-Colorado border, authorities said.
The vehicle belonged to Damon and Hand, who were armed with a 9 mm handgun and a BB gun, according to investigators. The couple was able to disarm both officers and briefly take them hostage, detectives said.
Martinez later told investigators he offered Damon his patrol vehicle and tossed his keys toward the man, hoping the couple would leave without harming the officers. Hand collected the keys and went to get the truck.
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A Moffat County sheriff's deputy and a Colorado wildlife officer were briefly held hostage by a man and woman Monday before a shooting that left the man dead and led to the woman's arrest, according to investigators.At that point, Martinez told detectives, Damon had the two officers on the side of the white Explorer that could not be seen from the highway. Martinez was sitting on the ground and Shock was kneeling.
"Officer Martinez knew they were going to die, but he wasn't going to die without a fight," investigators wrote. "Officer Martinez made the decision to get his own handgun back."
During the ensuing struggle, Shock took Damon to the ground and Martinez regained control of his gun. Damon was now on top of Shock, and Martinez said he tried to fire a round, but his gun malfunctioned, court records state.
Officer Martinez cleared the malfunction and was able to fire one round into the back of Damon's head, immediately incapacitating Damon.
"Officer Martinez cleared the malfunction and was able to fire one round into the back of Damon's head, immediately incapacitating Damon," investigators wrote.
The autopsy showed that Damon, 46, died from a single gunshot wound to the head, and that death would have happened within "seconds to minutes." Damon's hands and head had "superficial abrasions and contusions" that were "consistent with a struggle," according to the report, which also noted that Damon had high levels of methamphetamine in his system.
After the shooting, Martinez took Hand, 43, into custody at gunpoint. A woman living near the scene of the shooting helped free Shock, whose right hand had been cuffed to his belt during the ordeal.
Damon and Hand were wanted by authorities in Utah, Colorado, Mississippi and Wyoming at the time of the shooting. Damon was also being sought by the Mississippi Department of Corrections for absconding from parole.
Hand remains in the Moffat County Jail. She is charged with attempted murder, kidnapping, aggravated robbery, menacing, trespass and disarming a peace officer. A preliminary hearing in her case is set for Aug. 20.
