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Commerce City cops cleared in deadly shooting

Robert Alire was shot and killed in late June.

COMMERCE CITY, Colo. — Two Commerce City Police officers will not face charges related to a deadly shooting that occurred in late June.

On the morning of June 28, the mother of the man killed in the shooting took him to North Suburban Medical Center because she believed her son, Robert Alire, to be having a mental health crisis, according to a decision letter from the 17th Judicial District Attorney's Office. Once at the hospital, Alire refused to go in for treatment and he and his mother went back home, the letter says.

>The video above is from June 28: Man killed in officer-involved shooting in Commerce City

After returning home, Alire's mother decided to leave without him given his condition, the letter states. Alire's mother returned home about two hours later and found her home in shambles, the letter says.

Alire told his mother federal agents and undercover police were following him and we going to kill him, the letter says.

Alire's mother called 911 and stated her son was "all high on drugs and just destroyed my house", the letter says. Alire's mother told emergency dispatchers her son had ingested an unknown type and quantity of drugs that day, the letter says.

Commerce City Police officers Michael Pasko and Joshua Moody responded to the family disturbance call at 12:08 p.m., the letter says. Once the officers arrived, they realized the home was just outside Commerce City jurisdiction and called for Adams County Sheriff's deputies to respond, the letter says. Pasko and Moody stayed and waited for deputies at the house to ensure that no one got hurt, according to the decision letter.

Moody and Pasko had parked their marked patrol cars a distance away from the home and contacted Alire's mother when Alire came outside, the letter states. Alire stood in the doorway and waved Officer Pasko over, the letter says.

Pasko took a few steps toward the home intending to tell Alire they were just there until deputies arrived, the letter says. As Pasko approached his voice can be heard on his body worn camera (BWC) saying, "Listen man, we cannot get too involved we just want to make sure everybody is safe."

Credit: 17th Judicial District Attorney's Office

RELATED: Man killed in officer-involved shooting in Commerce City

Alire pulled a butcher-style knife, that had an eight-inch blade, from his waistband and ran at Pasko, the letter states. Officer Pasko, while backing up, can be heard in the BWC saying, "No! No! No! Drop it!", the letter says.

Pasko and Moody then fired their weapons as Alire closed in on Pasko, the letter says. 

Alire's autopsy showed he died from multiple gunshots to his head and torso. Alire also had methamphetamine in his system, according to the autopsy report.

The district attorney's office said the officers' BWCs showed that they made contact with Alire's mother at 12:10:03. Alire opened the front door and stood in the doorway at 12:10:10, the letter says. He stepped out of the doorway at 12:10:53, the letter says. At 12:10:57, Alire charged at Pasko and at 12:11:00 the first gunshot was fired, the letter says. In that three-second time frame from when Alire began running to when shots were fired, Alire ran nearly 40 feet toward Pasko, investigators said. The officers said they did not have time to switch to less-lethal options.

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