Denver cop fired for using unauthorized ammo in 2010 shooting - The Denver Post

Denver cop fired for using unauthorized ammo in 2010 shooting - The Denver Post

Manager of Safety Charles Garcia has fired a Denver police officer for failing to obey departmental rules after he used unauthorized military ammunition in a confrontation that left an innocent bystander wounded.

Garcia issued an order terminating Robert Fitzgibbons on June 14. Diamond Demmer was struck by fragments of bullets that Fitzgibbons fired from his .223-caliber Smith & Wesson rifle during a confrontation with an armed suspect July 2, 2010. Her injuries were not life-threatening.

An investigation found that several of the bullets Fitzgibbons fired in the early morning near Club Vinyl, 1082 Broadway, were unauthorized military ammo.

District Attorney Mitch Morrissey found that no criminal charges were warranted in the case.

However, in a letter clearing the officers of criminal charges issued about one month after the incident, Morrissey said: "An innocent bystander was injured in this police action. Failure to adhere to policies and procedures designed to protect officers and citizens can increase the risk to all."

Fitzgibbons and another officer were patrolling near the club when they heard gunshots coming from a parking lot across from the club.