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‘Oh (expletive). I’m dead’: DA justifies police shooting that left 2 wounded at Nevada Flats Hotel in Colorado Springs

A Colorado Springs police officer was justified in shooting two people while responding to a report of a break-in at the Nevada Flats Hotel on Nov. 13, the 4th Judicial District Attorney’s Office announced Friday.

Officer Austin Hornberger fired his gun four times at Joshua “Erick” Duncan, who raised “what appeared to be an AK-47 rifle,” at him, striking the two people standing behind Duncan, according to the DA’s decision letter.

“He looks at me to his right, turns and brings up the AK into a firing position and then my first thought when he pointed the AK at me was, ‘Oh (expletive). I’m dead.’ I thought, ‘I am dead,'” Hornberger told investigators.

The two people standing behind Duncan suffered serious injuries, but Duncan and Hornberger were not injured, according to the decision letter.

Duncan complied with police commands and told officers that someone was injured as additional officers arrived on the scene.

The weapon Duncan was holding was an assault-style BB gun, investigators said.

A picture of an AK-47 (bottom) supplied by the District Attorney’s Office as a way to compare Joshua Duncan’s BB rifle recovered by police (top) on Nov. 13. (Courtesy of the 4th Judicial District Attorney’s Office)

The District Attorney’s Office determined that Hornberger acted in self-defense and was justified in shooting at Duncan.

The determination means Hornberger will not face charges related to the shooting. Duncan also was not charged in the incident, according to previous reporting by The Gazette.



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