A Douglas County Sheriff’s deputy will not face criminal charges for shooting a man who was holding an assault rifle.
The 18th Judicial District Attorney’s Office determined Deputy Bradley Proulx was justified in shooting and wounding Deyon Marcus Rivas-Maestas on May 12 in Littleton, according to a letter written by Jacob Edson, chief deputy district attorney to Douglas County Sheriff Tony Spurlock.
Rivas-Maestas was charged with.
Proulx was on duty when he saw a white GMC Yukon pulled over to the roadway’s shoulder along County Line Road. He stopped, telling police dispatchers he was on a “motor assist call,” the letter said.
Proulx first approached the SUV on the passenger side, but Rivas-Maestas stepped out the driver’s door of the Yukon. Proulx turned and walked around the back of the Yukon to meet Rivas-Maestas, who was holding an AR-15 rifle. Rivas-Maestas raised it toward the deputy, as Proulx rounded the corner of the SUV.
Proulx . One bullet struck Rivas-Maestas’ arm, and the other hit the Yukon’s open door, the letter said.
The AR-15 had a gun lock on it, but Proulx never had a chance to see it. Video from Proulx’s body camera shows Rivas-Maestas raising the rifle as if he intends to strike the deputy with it, the letter said.
“In this circumstance, Deputy Proulx reasonably believed unlawful physical and deadly force was about to be applied upon him by Rivas-Maestas,” the letter said. “Deputy Proulx recognized Rivas-Maestas possessed an AR-15 rifle, more powerful than the service weapon he was carrying. Deputy Proulx reasonably believed Rivas-Maestas would or could use the rifle not only in a striking motion, but perhaps to fire at him.”
