Aurora police officers’ lives were in danger and their actions justified when they shot and killed three people in separate incidents this year, the district attorney’s office has concluded.
The shootings were part of an unprecedented string in which Aurora police killed four people within about six weeks, including three during a one-week stretch in March.
In all three cases cleared so far, the 18th Judicial District attorney’s office reviewed investigations filed by Aurora homicide detectives and determined the officers should not face criminal charges. A fourth case, which occurred in the Adams County portion of Aurora, still is under review by the 17th Judicial District attorney’s office.
Letters from prosecutors to Aurora Police Chief Dan Oates outline the findings that led to their decisions.
The first shooting, on Feb. 10, occurred during the investigation of a man suspected of selling drugs to Central High School and South Middle School students from a storefront wireless store. Officer John Christy was in a car parked near suspect Richard Arreola’s home in the 1400 block of North Macon Street conducting surveillance when Arreola approached his car, the letter states.
Christy saw a gun in Arreola’s hand and radioed to other officers that Arreola had spotted him and was armed. When Christy tried to drive away, his car stalled. Christy then held up his badge and shouted, “Police!” The officer said Arreola, 25, raised his gun and was pointing it at him when Christy fired, killing him, according to the letter.
Authorities found a handgun in Arreola’s hand and a .22-caliber rifle near his body, the report states.
On March 15, a woman reported that her brother and daughter were being held hostage in a car near the 14200 block of East First Drive. When officers arrived, they found Daniel Garcia, 25, in the back of an Isuzu Rodeo and the man and child in the front seat.
The officers heard a gunshot from within the car. When one officer broke the rear window, Garcia fired at them, hitting Sgt. Patrick Shaker in the left arm, the letter states. Shaker then fired, killing Garcia.
According to the letter, Garcia had a previous offense for shooting at officers. He was wanted for escape at the time of the shooting and had told the girl’s mother that he was not going back to prison and was going to die.
On March 20, officers responded to a report of three men stealing car parts in a storage yard near Sixth Avenue and Laredo Street. Two officers pulled into the fenced-in lot, which has only one entrance/exit.
The three men got into their truck and tried to escape, but Officers Chris Falco and Jason McIrvin were between the truck and the exit, the letter states. At one point, the truck hit McIrvin, knocking him down and causing a cut to his head.
Both officers said they believed the driver of the truck, Oleg Gidenko, was going to hit them, so they fired their weapons. Gidenko, 22, was killed. Passenger Yevgeniy “Eugene” Straystar, 18, was shot in the head but survived. The third passenger was not injured.
Settlement reached
Last week, Aurora city attorney Charlie Richardson confirmed the city had settled with Gidenko’s family, who were preparing to file a federal civil- rights lawsuit. Richardson declined to name the amount of the settlement, but sources said it was $150,000.
Richardson said Tuesday the decision to settle was based on several factors, including the cost of potential litigation and the possibility that a jury could award damages in an even larger amount.
He also said prolonged litigation is difficult for all parties, from the families to the city and officers involved and their families.
“Based on those factors and a lot of others … I am extremely comfortable with this resolution,” Richardson said.
Keith Coleman, an attorney for Gidenko’s family, declined to comment on the decisions by the DA’s office.
The city also is talking with Straystar’s family about a settlement, Richardson said. None of the families of the other men killed by police this year have approached the city, he said.
The three cases cleared by the district attorney are now under review by the Aurora Police Department’s internal-affairs division, which will determine whether any department policies were violated. That review is standard department procedure.
Sara Burnett: 303-954-1661 or sburnett@denverpost.com
This story has been corrected in this online archive. Minor edits to typographical errors have been made throughout.
