COLORADO SPRINGS — The 4th Judicial District has completed a review of the December 10, 2021 officer-involved shooting in a parking lot near Austin Bluffs and Woodmen Dr that resulted in a suspect's death.
Well before dawn on that Friday morning, a security guard called 911 to report a man sleeping inside a van on shopping center property. According to police, Xavier Miller was seen to be in possession of a pistol and drug paraphernalia.
The first officers on the scene ran a check on the vehicle to learn the suspect had multiple warrants for his arrest and prior felony convictions.
The 4th Judicial District says officers used lights, sirens, and loudspeakers in several attempts to have Miller exit the vehicle. With no response, officers used to moving chemical irritants to force his surrender.
According to police, he instead covered himself with a blanket or sleeping bag before firing six rounds from a 9mm pistol towards officers. A CSPD armed with a rifle fired back six times, striking the suspect.
As the standoff continued, negotiations began while the neighborhood behind the King Soopers and Hobby Lobby were put under a shelter in place order.
While officers used a drone to get a look into the van, Miller reportedly made a call to 911 in which he threatened to shoot officers and demanded to speak to an inmate at the El Paso County Jail.
After he disconnected the call with CSPD, Miller raised his pistol to resume firing at officers. The 4th Judicial District says three officers fired on Miller, striking him 11 times. Despite efforts by officers and firefighters, Miller was pronounced dead at the scene.
Under Colorado law, the incident was investigated by the El Paso County Sheriff's Office and evidence turned over the 4th Judicial District for review. The DA's office found the officers were justified in the use of deadly force to protect the lives of fellow officers and people living in a nearby apartment complex.
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