COLORADO SPRINGS — The 4th Judicial District Attorney's Office has completed its review of the officer-involved shooting on May 18 and found the officer's actions justified.
Background:
Around 10:30 p.m. on May 18, Tammy Rae Earnheart-Hurst called 911 and reported that her adult son, Michael Hurst Jr, was acting erratically and possibly using methamphetamines.
Earnheart-Hurst also said her son was a paraplegic and also was in possession of a gun. Earnheart-Hurst said she knocked Hurst Jr out of his wheelchair to get the gun away from him before leaving the room.
The DA's Office says Earnheart-Hurst expressed fear and believed Hurst Jr had gotten the gun again while she was out of the room. During her call, Earnheart-Husrt said her son had been making suicidal statements and punching himself in the face before the call.
During the call, a gun was fired within the house. Earnheart-Hurst told the operator she crawled out of her bedroom window and was safely outside.
Colorado Springs Police Department officers were dispatched to the home in the 4200 block of Deerfield Hills Road, which is located near the Milton E. Proby Parkway and South Academy Boulevard interchange.
Around 10:45 p.m. that night, officers arrived and tried to communicate with Hurst Jr, but they were unsure if he was still alive following the gunshot heard during the 911 call.
Officers deployed a drone to look inside the home and get information on Hurst Jr's status. Once the drone was up and operational, officers heard another gunshot and the sound of glass breaking.
Officers determined Hurst Jr was alive and had shot the drone down from inside the house.
After 40 minutes of trying to convince Hurst Jr to come out of the home, Officer Nicholas Cassalia saw Hurst Jr in the living room at the front of the house. Moments later, Officer Cassalia saw him on the front porch with a rifle.
Officers issued commands for Hurst Jr to drop the gun while they say he taunted and threatened to shoot them. Despite seven officers being on-scene, the porch was set up in a way that only Officer Cassalia had a visual on Hurst Jr.
According to the DA's Office, Officer Cassalia, in fear for his safety and the safety of the other officers, fired his weapon four times, killing Hurst Jr.
The El Paso County Coroner's Office ruled that Hurst Jr had died from the gunshot wounds.
A toxicology test also showed that Hurst Jr had been under the influence of alcohol, methamphetamines and marijuana.
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