Manger of Safety Charles Garcia fired Officer Robert Fitzgibbons June 14. He's the seventh officer to be fired by Garcia since the manager took office in March.
According to documents obtained from the Denver District Attorney's office, Fitzgibbons, along with Cpl. John Schledwitz, responded to a fight at Club Vinyl on July 2, 2010.
"Due to ongoing problems at Club Vinyl and the surrounding area, including shootings, numerous Denver Police officer from District 6, the Gang Unit, and Metro SWAT were assigned in the area to deal with any out-crowd," according to documents obtained by 9NEWS.
The first fight was broken up by Denver officers. Later, a second scuffle started on the sidewalk in front of Arby's. Shots rang out near the restaurant shortly after.
A suspect, later identified as Sorl Shead, began firing a handgun in the air. The officers told investigators Shead then lowered the barrel of the gun towards them.
The DA's office report indicates Schledwitz fired three shots with his Glock .45. Fitzgibbons fired five shots with a .223 Smith & Wesson. None of the shots struck Shead.
Diamond Demmer was walking to her car with her friends at the time. According to the report, she was struck in the right and left legs, as well as her lower torso by bullet fragments from one of the rounds fired by Fitzgibbons. Demmer's injuries were not life-threatening.
Investigators found officer Fitzgibbons' .223 caliber Smith & Wesson was loaded with bullets he purchased, not the ones issued by the department.
Schledwitz's gun was armed with department-issued bullets.
Among the five violations cited by the manger of safety as reasons for letting Fitzgibbons go, were prejudicial conduct, violating department rules and mayor executive orders as they pertain to ammunition.
Denver District Attorney Mitch Morrissey found criminal charges against Fitzgibbons were not warranted.
9NEWS has learned Fitzgibbons is appealing this decision.
Denver Police say Fitzgibbons was employed by the department from September 1997 until June 14 of this year.
Read the Denver DA's report on the incident.
Read the manager of safety's report on the incident.
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