COLORADO SPRINGS — A shooting by an off-duty officer at a Colorado Springs Carl's Jr. that killed a man in February was determined to be self defense, according to the 4th Judicial District Attorney's Office.
According to a release, Officer Lucas Aragon with the Colorado Springs Police Department was stopped in the Carl's Jr. drive thru at 1059 Space Center Drive in Colorado Springs at 3:43 a.m. on Feb. 27 when a man — later identified as Desmond Hayes — opened the rear passenger door and jumped in Aragon's vehicle.
The district attorney's office said Hayes told Aragon, "Take me where I want to go or you'll get hurt" and "I have a gun." Hayes had his hand in his jacket pocket and was pointing an object at Aragon that appeared to be a gun.
Aragon used his personal weapon to shoot Hayes nine times and then immediately contacted authorities. Hayes was pronounced dead at the scene.
After investigating the scene at Carl's Jr., police found Hayes had stolen at least 3 Modelo beer bottles; one tucked in his jacket pocket and two others in glass fragments removed by medical personnel, along with nine 9mm casings in Aragon's vehicle.
An investigation revealed Hayes had attempted to steal from the Loaf n' Jug located at 1019 Space Center Drive in Colorado Springs around 3:37 a.m. He was caught taking four or five Modelo bottled beers and attempted to leave without paying. The clerk tried to block Hayes from leaving, but was said to be held at gunpoint. The clerk had also immediately contacted 911.
Shortly after, Hayes was caught on a surveillance tape walking behind the Loaf n' Jug, through the Waffle House parking lot, and toward the Carl's Jr.
The district attorney's office stated "At the time he was shot, Desmond Hayes was committing Attempted Second-Degree Kidnapping, Class 4 Felony; a First-Degree Criminal Trespass, a Class 5 Felony; and Menacing, a Class 5 Felony."
After thorough review of evidence and facts, it was determined Aragon acted in self defense that warranted him to use his gun for protection. No charges will be filed against him.