Denver’s district attorney has determined that two members of a SWAT team acted in self-defense when they shot and killed Nathan Aguillard during a drug raid on his apartment earlier this month.
After breaking into the Peoria Street apartment screaming “police, police,” officers Thomas McKibben and Ronald Fox confronted the former Louisiana resident in his bedroom, according to the investigative report, approved by Denver District Attorney Mitch Morrissey.
“McKibben shouted for Aguillard to ‘show me your hands. Show me your hands.’ As he did so, Aguillard turned to face Technician McKibben. At that time, both officers saw that he had a firearm in his right hand,” the report said.
Aguillard raised the .25 caliber pistol to his waist. McKibben fired a round into his chest, and Fox shot him between the eyes.
“They fired to protect their lives. It is the noncompliant actions of Aguillard in arming himself with the pistol in the first instance, failing to drop the pistol when confronted by the officers and then making the decision to raise the firearm at Technician McKibben that forced the officers to react by shooting him,” the report said.
Morrissey’s decision means the officers will face no state criminal charges. It does not affect an internal investigation by the Denver Police Department, standard in shooting cases.
The two SWAT officers each have 21 years of experience.
After the shooting April 4, Aguillard’s family members said he was schizophrenic, reclusive and paranoid. He rarely spoke to other people and couldn’t have dealt drugs as police suggest, they said.
The family retained Denver lawyer Craig Skinner to look into the matter. He couldn’t be reached for comment today.
Aguillard’s aunt, Lynette Thibodaux, and sister, Nina Aguillard, also couldn’t be reached.
Police battered their way into the apartment at 4754 Peoria St. on a no-knock search warrant after Aguillard allegedly sold crack to an undercover agent at that location.
A search of the apartment later turned up three loaded pistols, including the Lorcin .25 caliber semi-automatic pistol he held when he was shot.
Police also found boxes of ammunition for the pistols and a baggie of cocaine, according to the 12-page report.
Pictures taken of the scene show a blood-stained carpet between a rumpled bed and a television sitting on a bureau. A picture, including scenes from “The Godfather” movie, hung on a wall.
Aguillard was pronounced dead after being taken to Denver Health Medical Center.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
