Officers in fatal Broomfield shooting justified, DA says

Jun 03, 2023

A non-Denver district attorney determined the Denver Police officers involved in the September shooting that left a suspect dead in Broomfield will not face criminal charges, according to a decision letter.

The shooting death of Anthony Lainez happened after he eluded officers, carjacked a vehicle and took its driver hostage with a firearm and shot at a police officer — actions which justified the officers' use of deadly force, the letter said.

17th Judicial District DA District Attorney Brian Mason released the letter Monday.

The incident began with a search by the DPD Fugitive Unit for Lainez in connection with a homicide in Denver.

Lainez had warrants for his arrest and had physical and electronic surveillance on him.

On the afternoon of Sept. 29, investigators tracked Lainez to a home in Broomfield near the intersection of 136th Avenue and Sheridan Boulevard.

Lainez and a woman, Sky Toya, walked out of the house and got into car with Lainez in the driver's seat. Broomfield patrol cars moved in with emergency lights to stop the Ford as it drove away.

When Broomfield patrol cars moved in with their emergency lights on, Lainez sped away quickly and recklessly, and the officers did not give chase, according to the letter.

He eventually lost control of his car, hitting another car in an intersection and spinning out, disabling his car.

Lainez and Toya got out and ran to a gray Toyota Corolla parked in the lanes of traffic facing westbound. Lainez got into the Corolla on the passenger's side, pressed a handgun into the driver's ribs and told him to go, according to the letter.

The driver took the car keys from the ignition and tried to get out, but Lainez pulled him back in.

The first detective to the scene, James Waidler, saw Lainez hanging onto the driver, who was screaming and struggling to escape. Waidler ran up to the open door and told Lainez to show his hands, but Lainez disobeyed and held the victim as a shield.

Det. Jay Lopez arrived moments later and saw the driver struggling to get away. He drove his truck up to the Corolla to distract Lainez and ran up to the car to break the windshield with the muzzle of his rifle.

Lainez drew a handgun, shooting Lopez in the neck. Lopez fired one round from his rifle and fell to the ground, according to investigators.

As Lainez fired at Lopez, Waidler pulled the victim out of the car and shot at Lainez.

Both the victim and Waidler fell and Lainez got out of the car with his gun and approached Waidler, who fired at Lainez several more times.

Det. Cole Connors arrived on scene and heard gunfire as he was putting on his tactical vest. He did not know who was shooting, but saw Waidler fall and Lainez on the ground reaching for the gun next to him.

Connors told Lainez not to grab the gun and Lainez ignored him, so Connors fired at Lainez until he stopped moving.

Lainez was pronounced dead on scene and Toya was taken into custody. She was charged with aggravated robbery, possession of a controlled substance, and first-degree criminal trespass.

A toxicology study of Lainez revealed presumptive positive results for meth and cocaine. Other firearms, suspected controlled substances and $1,000 in cash were found in the suspect's car.

Evidence confirmed that Lainez shot two rounds from his gun, which was reported stolen. Lopez fired one round. Waidler fired nine rounds and Connor fired six rounds.

The district attorney's office stated Lainez posed a "grave threat to the lives and safety of others" and his actions warranted the law enforcement officers' use of force.

The suspect killed in a police shootout in Broomfield Sept. 29 had a violent background, a warrant out for his arrest and was a "person of int…