A Bureau of Indian Affairs officer who shot and killed a hatchet-wielding suspect on the Ute Mountain Ute reservation in southwestern Colorado will not face criminal charges, the U.S. Attorney’s office in Denver announced today.
In a letter to the Ute Mountain Ute Tribal Council, Colorado U.S. Attorney John Walsh said Indian Affairs Lt. Joseph Keel reasonably believed his life was in danger when he fired the single shot that killed Spencer Posey. Keel confronted Posey on May 22 after receiving a call about a shirtless, intoxicated man outside a home.
Walsh said Posey threatened Keel with the hatchet, then threw a beer can at the officer before running. Keel pursued, and when the two met again, Walsh said Posey raised the hatchet and said he was going to kill Keel before charging the officer. Keel fired when Posey was about 26 feet away, Walsh said.
“Posey’s conduct was aggressive and threatening from the outset and gave Lt. Keel reason to believe that Posey’s final attack was intended to kill him,” Walsh wrote.
Walsh notes in his letter that his decision only covers whether Keel should be criminally charged for the shooting. The Bureau of Indian Affairs may still conduct an internal investigation and impose any discipline it believes is warranted.
John Ingold: 303-954-1068 or jingold@denverpost.com
