How police shootings and use of force cases are investigated in Larimer County
In the 8th Judicial District, which includes Larimer and Jackson counties, police shootings and certain use-of-force cases are investigated by the CIRT.
Sady Swanson, Fort Collins Coloradoan
District Attorney Gordon McLaughlin released a letter Friday saying the use of force by four police officers during a July shooting that occurred at Grandview Cemetery near City Park was legally justified.
McLaughlin’s conclusion came after a multi-agency investigation by the Critical Incident Response Team. No criminal charges will be filed.
The letter also provides further details about the incident that day and the names of the officers involved – Officer Peter Nolan, Sergeant Brian Mallory, Officer August Barber and Officer Cole Giandomenico.
The incident occurred after Fort Collins police officers were called to a car crash at the corner of Mountain and Bryan Avenue on July 21. When they arrived, witnesses reported seeing an adult male driver exit the vehicle armed.
A gunfire exchange ensued between the man, later identified as 42-year-old Clayton Pierce, and police. Pierce eventually died from gunshot wounds.
Letter contains new details about cemetery shooting
In the month since the shooting, few details have emerged about what happened that day. The district attorney’s letter provided an overview based on interviews with officers, body-worn camera footage and a toxicology report.
You can read the full letter, which includes McLaughlin’s summary of the incident and additional information, such as what evidence was reviewed in the case, on the District Attorney’s website.
Shortly before 1 p.m. on July 21, a witness notified police of the rollover accident, the letter said. A witness saw Pierce get out of the vehicle and walk away while carrying an “AR-style” firearm and a bottle of whiskey.
A toxicology report later revealed that Pierce had a blood alcohol content of 0.13 as well as methamphetamine, THC and gabapentin.
“The alcohol content in Pierce’s blood was well over twice the legal limit for driving a motor vehicle,” the letter states. “… Combined with the effects of the methamphetamine, Pierce was significantly impaired.”
It was later determined that the rifle had a binary trigger, meaning the weapon fires once when the trigger is pulled and again when the trigger is released, the letter said. A second weapon was later found. Neither weapon had serial numbers.
Officer Nolan was the first to arrive on the scene, and Mallory joined him, the letter states. As the two approached Pierce, he confronted the officers by raising his rifle and yelling at them.
“Go back (expletive),” Pierce was heard saying on a Ring camera in the neighborhood. “I’m not playing, buddy. Go back (expletive).”
The two officers took cover behind a police vehicle, the letter says. Pierce hid behind a tree and aimed his rifle at the officers.
“According to body-worn camera video, Officer Nolan fired his rifle once at Pierce,” the letter states. “This was quickly followed by a rapid succession of five shots: Pierce fired three times and Sergeant Mallory fired twice. Pierce then fired two more shots, the first of which struck Officer Nolan in the right arm, just below the elbow. Pierce fired two more shots at Sergeant Mallory and Officer Nolan before retreating to the west.”
Mallory reported by radio that Pierce had shot at the officers and that Nolan had been hit, the letter said. Another officer picked up Nolan in a patrol car and took him to a hospital.
Officers Barber and Giandomenico arrived on the scene and entered the cemetery where Pierce had walked, the letter states. They began yelling at golfers to leave the area, and a woman pushing a stroller on the cemetery path was asked to leave the area.
Officers approached Pierce from the west, the letter states. Barber took up position against a tree about 300 feet from Pierce. Giandomenico positioned himself behind a headstone about 420 feet from Pierce.
Both could see the rifle in Pierce’s hands, the letter says. Barber saw Pierce raise his rifle as if he was aiming at the area he had just come from. Barber thought Pierce was about to shoot and fired his rifle at Pierce four times.
Giandomenico heard Barber’s shot and Pierce turned so Giandomenico could see Pierce’s chest, the letter said. Giandomenico fired once and both officers saw Pierce fall to the ground.
When an armory rescue vehicle arrived at the cemetery entrance, police were able to make contact with Pierce and verbally ordered him to surrender, the letter states. Pierce did not respond, so officers handcuffed him and began to assist him. He was taken to a hospital, where he was pronounced dead.
An autopsy conducted by the Larimer County Medical Examiner’s Office revealed that Pierce had two gunshot wounds, the letter said, but it was not possible to determine which police officer inflicted them.
The letter also stated that Pierce was “actively being investigated by the Fort Collins Police Department as a prime suspect” in an unsolved case “dating back to the 2019 murder of a Fort Collins man.”
When asked to confirm the name of the victim in this case, Fort Collins Police spokeswoman J. Gilmore told the Coloradoan she could confirm that “Pierce is the suspect in a homicide” that detectives are currently investigating, but noted that “the investigation is ongoing at this time.”
DA publishes conclusions
The investigation provided enough information to enable the district attorney to make a decision, the letter said.
“All four officers who fired their weapons faced a clear and imminent threat to themselves or others that justified the use of deadly force,” the letter signed by McLaughlin said. “Therefore, I believe no charges can or will be filed against any of the police officers in this case.”
McLaughlin noted that the officers’ “actions would also have been justified under Colorado state law regarding self-defense and defense of others.”
A virtual town hall meeting with the District Attorney will be held on September 9 at 5 p.m. to answer questions about this decision. Registration for the event can be done online.
Colorado journalists David Dishman, Sady Swanson and Sarah Kyle contributed to this report.
