CSPD officer justified in shooting woman, District Attorney’s Office says
Editor’s note: This story has been updated to correct the definition of a “loaded” shotgun.
The shooting of a woman who attempted to grab a loaded duty shotgun in a Colorado Springs police vehicle during a call for service on Jan. 31 was ruled justified by the 4th Judicial District Attorney’s Office, the office announced on Wednesday.
The ruling found Officer James McKinstry had an “objectively reasonable belief” that Micaela Pasillas, 30, posed a “deadly threat” by repeatedly reaching for the weapon when he shot her three times.
Duty shotguns typically have bullets in them and are commonly known as “loaded,” according to the Police Department. They do not have bullets in the chamber as an officer “must have a reasonable belief the weapon may need to be fired,” according to CSPD’s firearms regulations policy.
The justification from the District Attorney’s Office states, “duty shotguns are typically stored with ammunition inside of them.”
A Colorado Springs police spokesperson confirmed Wednesday to The Gazette that ammunition was in the shotgun, but not in the chamber.
The incident began when officers were dispatched near the intersection of Delaware Drive and San Miguel Street around 10 p.m. Jan. 31 after a report of an armed female involved in a domestic disturbance.
When three officers arrived, Pasillas was asked to meet with them before running away.
“Shoot me,” Pasillas allegedly told officers before attempting to flee.
At some point, she dropped the knife she was wielding and continued running until she got into the police cruiser driven by Officer Jarod Adcock, who left the car idling with the driver’s door unlocked, according to the ruling.
Officer Kali Myers opened the door and attempted to strike Pasillas with a TASER, but avoided doing so to comply with CSPD policy that prohibits its use on a driver.

Myers then began to pull Pasillas out of the vehicle by her feet as she kicked at her, before McKinstry approached the vehicle from the passenger side.
He then shouted, “She’s getting a gun,” and struck Pasillas three times.
“She’s gonna try and kill me and kill my partners with that shotgun,” Mckinstry told investigators.
Several officers told investigators they were concerned her “erratic behavior” could cause her to lean on the release button mechanism holding the shotgun. Myers said she initially wondered if the shots fired had come from the shotgun near Pasillas, instead of McKinstry.
The District Attorney’s Office found McKinstry had an “objectively reasonable belief” that lethal force was required to address the threat posed by Pasillas.
The justification of McKinstry’s use of force means he will not face charges related to the incident.
At the time of the shooting, McKinstry was a patrol officer in the Stetson Hills Division for 14 months. He has no listed actions taken against his peace officer certification in Colorado since its issuance, according to state records.
Pasillas was sentenced in March to 30 days of jail and two years of probation after pleading guilty to resisting arrest and third-degree motor vehicle theft.
She apologized for her actions as she made her plea, telling the judge she was “thankful for her life” after being shot and tased inside the vehicle, according to previous Gazette reporting.





