Two Eaton police officers who shot a man in an exchange of gunfire were justified in their use of force, according to the Weld County District Attorney’s Office.

On Sept. 24, officers shot Levi Miller, 30, when they responded to the 1200 block of Aspen Court on a report of a disturbance, an argument between and man and a woman, according to the Weld County Sheriff’s Office.

Two officers arrived and encountered Miller, who was armed. Miller allegedly fired multiple shots at officers who returned fire, hitting him. He was taken to a local hospital.

“The 19th Judicial District Critical Incident Response Team (CIRT) conducted the investigation which was provided to the District Attorney’s Office,” according to a DA’s news release on Friday.

“Based on the thorough CIRT investigation,” District Attorney Michael Rourke “has determined (that the) two officers are legally justified in discharging their firearms at Miller during the incident,” the release said.

On Wednesday, Rourke issued a letter and report to Eaton Police Chief Kevin Sturch regard the shooting investigation and the outcome.

Miller faces multiple felony charges for firing at the officers, including two counts of attempted first-degree murder. A disposition hearing in his case has been scheduled on Dec. 21.

 

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