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Fountain officers won't face charges after they shot suspect and dog last year, family files lawsuit

Taos Circle OIS.jpg
Posted at 5:27 PM, Feb 08, 2024
and last updated 2024-02-09 00:27:52-05

FOUNTAIN, Colo. — Two Fountain Police Officers will not be facing criminal charges after a deadly shooting last year. Warning, some of the video may be graphic to some audiences.

Investigators say one officer shot and killed a dog, and the other shot and killed a man. The Fourth Judicial District Attorney's Office called that officer's actions concerning, but not criminal.

The incident happened back in May on Taos Circle, which is located near the Santa Fe Avenue exit of I-25.

The District Attorney's office says there were several reports of domestic disturbances between James Boyle and his wife, Shawna.

When officers arrived, the couple's son told the Fountain Police Department his dad threatened to kill his mom, and that there were weapons in the home.

The report says when officers confronted James Boyle outside, he started to go back inside. That's when officers got in a fight with Boyle and the family dog attacked Officer Destin Alvarez.

Investigators say Officer Alvarez shot and killed the dog. After that, officers then warned Boyle not to come towards them. One officer fired a taser at James Boyle and seconds later, Corporal Zackary Corey shot and killed Boyle.

The Boyle family is reacting to this decision. Their lawyers released a statement Wednesday that reads in part:

The Boyle family is saddened and disgusted by the District Attorneys rubber stamping the killing, beating and repeated tasing of James Boyle.

There was no reason for him to have been beaten, tased and shot in the back resulting in his death by two Fountain Police Officers.

The family is now suing over Boyle's death. The complaint that was filed Wednesday names the City of Fountain, Officer Alvarez, and Corporal Corey as the defendants.

Boyle's family is seeking compensation for the following:

  • economic loss
  • punitive damages
  • attorney's fees

Background Information

Two Fountain Police officers were placed on administrative leave per department policy following an Officer Involved Shooting at the Santa Fe Villas mobile home park on the evening of Saturday, May 20, 2023.

Public Information Officer Lisa Schneider told reporters the officers were responding to a domestic disturbance call at an address on Taos Circle just before 6:00 p.m.

The suspect's dog attacked one of the officers shortly after they arrived. Schneider said the suspect then began to attack both officers while the one was still entangled with the animal.

Both officers fired at least one round striking the suspect and the dog. The male suspect was transported to the hospital with a gunshot wound, where he later died. Schneider was not aware of whether the suspect was armed.

The dog died at the scene. The officer who was attacked by the dog was also transported to the hospital for treatment of non-life-threatening injuries.

Schneider said there is no ongoing threat to the public related to this incident.

Detectives from the Colorado Springs Police Department will lead the Deadly Force Investigation Team review of the shooting.

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