Denver DA explains decision not to file charges against officers in deadly police shooting of Miguel Tapia

DENVER — Denver District Attorney Beth McCann on Wednesday explained her decision not to file criminal charges against three officers who shot and killed a person in June.

Around 11:44 a.m. on June 16, officers were called out to Broadway and Lawrence Street for a report of a person holding a knife in the intersection. Denver Police Chief Ron Thomas said officers confronted the person and gave them commands to drop the knife, but they refused and began advancing toward the officers.

After at least two tasing attempts, three officers opened fire and fatally struck the person, according to Thomas.

The person who was killed was identified as 52-year-old Miguel Tapia. Previously, the person was identified by Denver police as a woman and during a following press briefing was described as a transgender person. In her decision letter, McCann said Tapia “presented as a female at the time of this incident but the medical examiner identified him as a male.”

The district attorney said in her letter, “Because we do not know how the individual preferred to be identified or addressed, we refer to Tapia as “he/him.””

During the news conference, Denver Police Department Commander Matt Clark said the incident began with several motorists reporting a person standing in the intersection.

“One caller advised the subject was yelling at passing motorists ’to kill them,’” said Clark.

He said a nearby Denver Park Ranger saw Tapia and alerted police dispatchers that “the subject had a knife with an eight-inch blade in a bag.”

“When officers arrived, the subject was carrying several bags but did not have a weapon in their hand,” said Clark. “The officers could see the handle of what appeared to be a large knife in a bag that the person was wearing over their shoulder.”

Clark said officers attempted to de-escalate the situation by speaking in both English and Spanish.

“An officer also visually demonstrated that he wanted the person to put their hands on their head,” said Clark. “The subject did not comply with the officer’s direction and instead retrieved the large knife for the over-the-shoulder bag they were wearing. The subject held the knife in their right hand while pointing it — the point of the knife — directly at officers.”

The department released body camera video showing the sequence leading up to the fatal shots.

On Wednesday, McCann told reporters that officers were justified in using deadly force against Tapia.

“I found it reasonable for the officers to believe that Mr. Tapia was about to commit assault with the knife, or even worse actually,” said McCann.

McCann believed the officers were in imminent danger of being killed or wounded.

“After the tasers were not effective, they did not have time to do anything other than to use deadly physical force,” she said.