BRIGHTON - An Adams County Sheriff's deputy won't face criminal charges for an accidental shooting that injured a suspect.
The deputy's gun went off during a SWAT raid in Thornton on May 17.
On Tuesday, Adams and Broomfield County District Attorney Dave Young released a report which lays out the results of a two-month investigation by the 17th Judicial District Critical Incident team.
The key findings in the report are that the officer involved shooting was an accident, there was no criminal wrongdoing, and no charges will be filed.
"Yeah it's pretty scary. That's for sure," said Don Burton, who lives near the house on the 8500 block of Corona Street that was raided.
The house has been vacant since shortly after the SWAT raid.
"To me, it'll always be a bad house, I guess you could say," Burton said.
Burton says he saw the Adams County SWAT team descend on his neighborhood, "in full armor, hanging on the sides of the trucks."
The SWAT team was looking for 26-year-old Joe Manuel Flores III.
Flores is a known member of the Galiant Knights Insane street gang, according to the report.
A 9NEWS check of Flores' criminal background shows arrests n cities all over the metro area, including Westminster, Federal Heights, Thornton, Commerce City, and Denver.
Flores was wanted by Adams County on cocaine and weapons charges. The report says SWAT team members entered the house and confronted Flores in the bathroom.
A deputy tried arresting Flores, but he resisted. During the struggle, the deputy's M16 rifle fired three times, hitting Flores in the leg.
"When they brought him out on a stretcher, he was just cursing at everybody out there," said Burton.
Flores was treated and released from the hospital the same day. SWAT team members found three bags of cocaine, a loaded gun, and $2,300 cash in his house.
Young says the investigation found no evidence the deputy had his finger on the trigger. The weapon fired accidentally.
"There were no criminal acts during this shooting," Young said.
The report says the deputy was only following protocol by having his rifle armed and ready, and there was no time to activate the safety before the physical struggle with Flores.
"It certainly was the perfect storm. When a SWAT team enters a house under those circumstances, you never know what's on the other side of the door," Young said.
9NEWS legal analyst Scott Robinson says he's not surprised by the DA's decision not to file charges.
"Prosecutors are always very careful in police shooting cases," Robinson said. "This looks like an incident which truly was an accident."
Burton hopes the criminal activity on his street is gone for good.
"It's still very scary," Burton said. "Anybody that moves into that house will be watched all the time."
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