Denver District Attorney Declines Charges Against Officer in Fatal Shooting
Denver District Attorney John Walsh announced on Monday evening that he will not be pursuing charges against Denver Police Officer Whaylen Phares in the fatal shooting of Javier Nava-Carbajal, 48, on August 22.
After reviewing the evidence, Walsh stated, “I believe that the use of force by Officer Whaylen Phares was justified based on Colorado law regarding use of force in self-defense and in defense of others.”
The incident occurred when Phares and two other officers responded to a call reporting shots fired on the third floor of an apartment at 4901 E. Donald Ave. They later received a second report of a domestic violence assault in the same building and witnessed a woman fleeing with Nava-Carbajal in pursuit.
Nava-Carbajal ignored police commands to stop, attempted to flee on a bike and then on foot, and resisted arrest when pursued by the officers.
During the altercation, Nava-Carbajal was holding a CO2 pellet gun loaded with live rounds. Despite claiming the gun was not real, he refused to relinquish it. Officer Christopher Palmisano tried to disarm him, leading to a struggle where Nava-Carbajal allegedly reached for Palmisano’s holster.
When Nava-Carbajal stood up, Phares fired his weapon, fatally hitting him near the left clavicle. Phares explained that he feared for Palmisano’s safety as Nava-Carbajal appeared to pose a threat.
Subsequent investigations confirmed that the gun Nava-Carbajal held was a realistic replica capable of causing confusion. It was determined that Nava-Carbajal was likely not involved in the initial report of shots fired.
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