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DA: Police justified in separate officer-involved shootings

No charges will be filed against any Colorado Springs police officers involved in two separate — but connected — deadly shootings in December.

The 4th Judicial District Attorney’s Office announced Tuesday it ruled both shootings “reasonable, appropriate and justified.”

Coincidentally, the men who were killed by police in separate hails of gunfire were partners in crime, according to the district attorney’s office.

Robert Kresky led a criminal organization involved in burglaries and narcotics, and Nicholas Titus was a cohort. The group had “significant ties to Mexican nationals involved in large-scale drug distribution,” the district attorney’s office said in a five-page report.

“According to multiple witnesses, Mr. Kresky and Mr. Titus were associates and spent a great deal of time together,” the report states. “They were known heavy drug users. Investigation revealed that both regularly took automobiles, guns and other valuable items in burglaries to finance their methamphetamine use.”

According to the report:

Kresky was shot 14 times in the early morning hours of Dec. 4 after a 9.1-mile police pursuit in which Kresky ran through stop lights and stop signs in a stolen Jeep Liberty with the headlights turned off.

Police started chasing Kresky after receiving a report of a shooting in the 3200 block of Tail Spin Drive. Titus was also at the scene but got away in a separate vehicle.

When police cornered Kresky near East Bijou Street and Kiowa Avenue, he ran and refused to obey police commands to stop and show his hands.

“(Expletive), I’ll shoot you!” Kresky, who had his right hand in his waistband, yelled while running.

After the foot pursuit, which ended in an unlit parking lot, Kresky said he had a gun and continued to threaten police, who believed he was going to shoot.

That’s when two officers opened fire. After the first round of shots, Kresky refused to put his hands up, and police said it appeared he was reaching for something in his waistband, prompting another round of gunfire. Police said they aimed at Kresky’s feet and legs, and an autopsy revealed that 11 of the 14 bullet wounds were “in his lower extremities.”

Kresky, who died four days later, was unarmed when he was shot. Police found a semi-automatic .40-caliber handgun near the passenger side door of the Jeep Liberty several blocks away. The gun had been stolen three days earlier.

On the morning of Dec. 21, Titus was shot 10 to 12 times in the parking lot of a 7-Eleven on Widefield Boulevard..

Titus, who had been under surveillance, tried to run over a police officer and rammed into at least two police cruisers head-on when he was confronted driving a stolen pickup. At one point, Titus tried to get out of the truck armed with a handgun. The officers shot Titus when he pointed the gun in their direction. Titus was pronounced dead at the scene.

Kresky and Titus told several people they would “shoot it out with the police” if necessary, and police were briefed about their criminal organization.

“Neither wanted to go back to jail and said they would shoot a police officer if needed. Officers involved in the pursuit of Mr. Kresky were briefed on these statements before going on their patrol shift that night. Officers involved in the attempted contact of Mr. Titus had received a photograph of Titus and were aware that he was known to carry weapons, had made statements similar to Mr. Kresky’s and had warrants out for his arrest,” the report states.

Contact Daniel Chacón: 476-1623

Twitter @danieljchacon

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