Police released information this afternoon related to investigation into two officer-involved shootings that happened on Dec. 4 and Dec. 21 of last year involving Robert Kresky and Nicholas Titus.
According to Colorado Springs Police and the office of the District Attorney, a review of the evidence surrounding both incidents has determined that the officer' use of force against the two suspects was reasonable, appropriate and justified.
Prior to the first shooting on Dec. 4, a Colorado Springs Task Force had identified a criminal organization surrounding Robert Kresky. At that time, police say they were aware of a group - led by Kresky- committing crimes across the Colorado Springs Police Department Divisions. Police say the group was involved in burglaries, narcotics and large-scale drug distributions along with Mexican nationals.
On the evening of the shooting on December 4, the CSPD dispatch center received several calls for service regarding gun shots fired near the 3200 block of Tail Spin Drive. when officers responded to Tail Spin Drive, a black truck and a Jeep LIberty - determined later to be driven by Nicholas Byron Titus and Robert Jeremiah Kresky - were seen leaving the area.
The black truck was able to elude officers, but a pursuit of the Jeep Liberty ensued. After a chase, in which Kresky tried to elude police, officers were able to complete a successful pit maneuver - stopping the Jeep on East Bijou Street.
That's when Kresky exited the car and ran toward Iowa Avenue. Police followed on foot and chased Kresky for several blocks while Kresky threatened to shoot at officers.
Eventually, Kresky was shot during a standoff in which police thought he was armed. He was taken to the hospital where he later died. Later, police found Kresky's firearm near the door of the Jeep Liberty.
On Dec. 21, police attempted to contact and arrest one of Kresky's associates - Nicholas Titus. Titus at that time had four outstanding felony warrants.
Before attempting contact with Titus - police briefing indicated that witnesses had seen Titus with a scoped rifle and a .45 caliber handgun. Titus was a known associate of Kresky, heavily involved with methamphetamines and was further reported to have made threats to retaliate against the officers involved in the Kresky shooting. A witness further reported that Titus had also stated he would not stop for the police and would shoot it out with the police if they attempted to stop him.
Officers found Titus at his home on West Kiowa and followed him to Widefield Boulevard where officers attempted to arrest him in a 7-11 parking lot. During his apprehension, Titus rammed several police cars and officers state that they saw Titus reaching for a handgun before he was fatally shot by police.
After Titus was removed from the truck a .45 caliber Springfield Armory handgun was found in the driver’s seat of the truck.
Further investigations into both of the shooting reveal that both Titus and Kresky were known drug users and were also known to be in possession of a variety of firearms.
Colorado Revised Statutes § 18-1-707 provides that an officer is justified in using deadly force if he or she reasonably believes that it is necessary to defend himself or a third person from what he or she reasonably believes to be the imminent use of deadly physical force.
The District Attorney’s Office reviews all incidents involving a discharged weapon by an officer.
According to the District Attorney's office, all of the facts above gave police reason to use force against the two men and no criminal charges will be filed.
To learn more, read the release from the DA's office at the link above.
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