El Paso County deputy justified in shooting armed man, review says

An El Paso County deputy who shot an armed man in the leg act reasonably and will not face criminal charges, according to a review of the incident.

On May 29, Deputy Bethany Gibson fired shots at Daniel Rene Nunez, 28, who was armed and who had fired shots just before encountering Gibson in the Cimarron Hills area of Colorado Springs, according to a review of the incident by the El Paso County District Attorney’s Office.

Gibson was responding to a domestic violence call when she spotted Nunez, who was armed, and walking toward her patrol car, according to the review. Gibson got out of her car and yelled commands at Nunez to drop the weapon.

“The suspect ignored all commands and continued to advance toward the deputy with his right hand raised and the gun still in his partially raised left hand,” the review said. Nunez pointed the gun at Gibson and she fired, hitting him in the leg.

Nunez has recovered from his injury and is facing charges of first-degree assault–threatening a peace officer with a weapon, the review said.

“A peace officer is justified in using deadly force if he or she reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be imminent use of deadly physical force,” the review said. “Deputy Bethany Gibson acted reasonably when she
fired her weapon on May 29, 2020, striking Daniel Nunez. No charges will be filed.”

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