A Teller County sheriff’s deputy who shot and wounded a suspect during a confrontation in May won’t face charges, the 4th Judicial District Attorney’s Office said Wednesday.
On May 22, Deputy Sean Boe was attempting to arrest Robert John Rowland, who was wanted on a felony menacing charge.
Rowland, 33, was found by deputies on County Road 94 in Park County when he pulled a handgun from his waistband and put the gun to his head, according to the DA’s Office, which has jurisdiction in El Paso and Teller counties.
When officers ordered him to drop the gun, Rowland reportedly raised the weapon toward deputies.
Boe fired, hitting Rowland in the side. He was airlifted to a hospital and has since recovered.
Rowland is charged with first-degree assault, threatening a peace officer with a weapon.
“Following a careful review of the facts and evidence, the 4th Judicial District Attorney’s Office has concluded that Teller County sheriff’s Corporal Boe acted reasonably when he fired his weapon on May 22, 2020,” the DA’s Office concluded. “No charges will be filed.”
Under state law, law enforcement officers are justified in using deadly force if the officers reasonably believe it necessary to defend themselves or another person from imminent use of deadly physical force, or to arrest a person who has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon, or otherwise indicated that he is likely to endanger human life or to inflict serious bodily to another unless apprehended without delay.
In addition, Colorado law gives anyone the right to defend themselves with deadly force if they reasonably believe they are in imminent danger.