Officers found justified for deadly use of force in August 2023 shooting

Posted at 4:59 PM, Apr 15, 2024
and last updated 2024-04-15 21:15:47-04

COLORADO SPRINGS, Colo. — The 4th Judicial District Attorney's Office says two officers involved in a deadly shooting in August of 2023 were justified in their deadly use of force.

A review by the DA's office says that Colorado Springs Police Deparment (CSPD) Officers Brian Kelly and Matthew Waters will not face any charges after shooting and killing Benjamin Annaboli.

Click here to read the district attorney's office's review for yourself.

According to the review, on August 17, 2023, the Colorado Springs Police Department's Tactical Enforcement Team was called to the Days Inn Hotel along Aeroplaza Drive after U.S. Marshals tracked Annaboli to the area.

Annaboli was wanted by the U.S. Marshals for felony menacing with a weapon during an altercation with Jefferson County Sheriff's Deputies.

Law enforcement surveilled Annaboli and once the moment was right, officers blocked his car in with their vehicles and announced themselves to Annaboli. Immediately, the man grabbed two guns from his vehicle and began to run toward the north side of the Days Inn Hotel.

Officer Brian Kelly noticed Annaboli making his way to the entrance of the hotel and told Annaboli to stop as he announced himself before releasing K9 Officer Zev, who quickly caught Annaboli, causing him to drop one of his guns.

It was at this point that Annaboli turned toward Officer Waters and aimed his gun at him. Both Officers Kelly and Waters at this point raised their firearms, but moved positions after determining other people and a U.S. Marshal were near the entrance of the hotel and could get it.

Both officers readjusted their positioning separately before having a clear backdrop to the shot. The DA's Office says after movin,g both officers shot Annaboli, incapacitating him.

Annaboli was treated on scene before being taken to Memorial Hospital where he was treated for multiple gunshot wounds, but died in the hospital.

The end of the review reads the following:

After completing a thorough review of the facts and evidence, Colorado’s 4th Judicial District Attorney’s Office has determined the use of deadly physical force by Colorado Springs Police Department Officers Brian Kelly and Matthew Waters was justified based on all the facts and circumstance of this case under the law of the State of Colorado.
Fourth Judicial District Attorney's Office


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