Weld County District Attorney Ken Buck has cleared two Greeley police officers in the shooting death of a paroled convict on Aug. 15.
Jimmy Joe Trevino was killed by two officers who chased him from near his wife's apartment to a parking lot where they found him hiding in a trash Dumpster.
The Weld County Coroner stated Trevino was shot eight times in the chest and abdomen, that he had a blood-alcohol level of 0.187 and had traces of marijuana in his blood.
The two officers who fired on Trevino told investigators, and witnesses corroborated, that Trevino was ordered to show his hands several times. The officers said Trevino began moving his hands toward his pants pockets, which made them believe he was about to pull out a gun. Both officers opened fire on Trevino.
No gun was found in his clothing or in the Dumpster. Police found five 9mm rounds in his right front pocket and a spent shell casing in his left pocket.
Police had been called that morning by Trevino's brother-in-law, Vince Nava, to check on his sister, Veronica Trevino, Jimmy Joe's wife.
Trevino had recently been paroled from prison and had cut off his ankle bracelet, the report stated.
She said Trevino entered her apartment, told her he had tried to shoot his sister in the head, showed her the gun and then roughed her up.
As police questioned her, they saw Trevino appear in a nearby parking lot. They chased him and eventually found him in the Dumpster.
"I find that (the two officers)reasonably believed that it was necessary to defend themselves and each other from the imminent use of deadly physical force against them," Buck wrote. "I therefore find that (the officers) were justified in using deadly force against Mr. Trevino.
The Denver Post