Westminster officer who shot, killed Nepalese man cleared of wrongdoing
Man’s family argues the officer should have used less lethal means in the altercation.
By Kieran Nicholson | knicholson@denverpost.com | The Denver Post
A Westminster police officer who fatally shot an unarmed 27-year-old Nepalese man, who had attacked the officer, will not face criminal charges.
Officer Steven Bare will not be charged in the Aug. 25 shooting death of Birendra Thakuri, according to Adams County District Attorney Dave Young.
Bare, who was attacked by Birendra Thakuri three times in short succession, fired one shot at Thakuri, according to a letter from Young to Westminster Police Chief Tim Carlson, dated Thursday.
The finding of an Adams County investigation team led to the decision to clear Bare of criminal wrongdoing.
The night of the shooting, Bare had responded to a report of a fight near the 11400 block of Federal Boulevard. When he arrived, Bare found Birendra Thakuri with his brother, Surendra, in a grassy area at the intersection, the letter said. The men were kneeling and having a conversation in Nepalese.
With the headlights and overhead lights of his patrol car illuminated, Bare got out of the car. As Bare stood on the passenger side of the car with a flashlight in his left hand, Birendra Thakuri walked toward Bare with his arms flailing, screaming. Bare backed off to his car and called out to dispatch for backup.
Birendra Thakuri ran at Bare, screaming with arms flailing. Bare yelled “Stop!”
Birendra Thakuri walked back to his brother and they again talked. At this point, Bare feared both men, who were unarmed, would attack him, the letter said. Birendra Thakuri again rushed Bare. The officer swung his flashlight at the man and shoved him back, using his right hand.
The brothers again had a brief conversation. Birendra Thakuri again rushed Bare, screaming, his fists balled up. Surendra Thakuri was behind his brother, walking toward Bare.
“Officer Bare stated that he did not have time to do anything with two males approaching him and he believed it would be difficult to defend himself against the two males,” the letter said. “He stated that he was in fear of either being seriously injured or that the males would be able to take his gun and shoot him.” When Birendra Thakuri got within about 10 feet of Bare, the officer drew his weapon and fired one shot, striking Birendra Thakuri in the chest.
Prior to the shooting, Birendra Thakuri had been having mental health issues, according to the letter. Earlier in the day on Aug. 25, a Broomfield officer had asked Birendra Thakuri whether he needed to be hospitalized. He was despondent after an argument with his wife. The brothers told the Broomfield officer that Birendra Thakuri was fine, that he didn’t need to go to a hospital.
The brothers then walked around the northern metro area for several hours, at one point buying marijuana at a Northglenn dispensary.
Surendra Thakuri told investigators that his brother became more agitated as the night went on, feeling that the pot they had shared had an “adverse effect” on Birendra Thakuri.
The Thakuri family, through their attorney, released a statement Thursday on the DA’s decision: “The District Attorney’s explanation for not bringing criminal charges in the killing was that he did not believe he could disprove beyond a reasonable doubt that the officer had acted in self-defense. But under Colorado law, the use of deadly force such as the gunshot that killed Birendra Thakuri can be justified in self-defense only if the shooter reasonably believed the use of such force was necessary to defend himself or another person from being imminently killed or seriously injured,” the statement said. “None of these factors were present in this situation. It is undisputed that Birendra was unarmed.”
The statement said Bare should have used less-than-lethal means, such as pepper spray or a taser, to fend off Birendra Thakuri.
“The context in which this fatal shooting occurred should be troubling to all Coloradans,” said Gail Johnson of Johnson & Klein in Boulder, as part of the family statement. “The killing of Birendra Thakuri was one of four fatal shootings by members of the Westminster Police Department in five months.”
Birendra Thakuri was well-loved by family, former co-workers, church members and the local Nepalese community, the statement said.
The letter on the shooting included a statement by a witness, a woman who had been driving by and had stopped her car. Tomasita Martinez told investigators she saw a man “swinging on the officer” as the officer was backing up. Martinez said she “knew the officer was in danger.”
The coroner’s report said Birendra Thakuri had three cuts on his face: on his nose, his cheek and above his right eyebrow. He also had cuts on both his knees and his right foot. A toxicology report found positive levels of amphetamines and THC in his blood.
Surendra Thakuri, according to the letter, had told investigators that during his conversations with Birendra Thakuri just prior to the shooting, his brother had been urging him: “Come brother, help me, hit him, hit him.”
https://www.denverpost.com/2019/01/03/westminster-officer-involved-shooting-nepalese-man-cleared/
“Officer Bare stated that he did not have time to do anything with two males approaching him and he believed it would be difficult to defend himself against the two males,” the letter said. “He stated that he was in fear of either being seriously injured or that the males would be able to take his gun and shoot him.”
When Birendra Thakuri got within about 10 feet of Bare, the officer drew his weapon and fired one shot, striking Birendra Thakuri in the chest.
Prior to the shooting, Birendra Thakuri had been having mental health issues, according to the letter. Earlier in the day on Aug. 25, a Broomfield officer had asked Birendra Thakuri whether he needed to be hospitalized. He was despondent after an argument with his wife. The brothers told the Broomfield officer that Birendra Thakuri was fine, that he didn’t need to go to a hospital.
The brothers then walked around the northern metro area for several hours, at one point buying marijuana at a Northglenn dispensary.
Surendra Thakuri told investigators that his brother became more agitated as the night went on, feeling that the pot they had shared had an “adverse effect” on Birendra Thakuri.
The Thakuri family, through their attorney, released a statement Thursday on the DA’s decision: “The District Attorney’s explanation for not bringing criminal charges in the killing was that he did not believe he could disprove beyond a reasonable doubt that the officer had acted in self-defense. But under Colorado law, the use of deadly force such as the gunshot that killed Birendra Thakuri can be justified in self-defense only if the shooter reasonably believed the use of such force was necessary to defend himself or another person from being imminently killed or seriously injured,” the statement said. “None of these factors were present in this situation. It is undisputed that Birendra was unarmed.”
The statement said Bare should have used less-than-lethal means, such as pepper spray or a taser, to fend off Birendra Thakuri.
“The context in which this fatal shooting occurred should be troubling to all Coloradans,” said Gail Johnson of Johnson & Klein in Boulder, as part of the family statement. “The killing of Birendra Thakuri was one of four fatal shootings by members of the Westminster Police Department in five months.”
Birendra Thakuri was well-loved by family, former co-workers, church members and the local Nepalese community, the statement said.
The letter on the shooting included a statement by a witness, a woman who had been driving by and had stopped her car. Tomasita Martinez told investigators she saw a man “swinging on the officer” as the officer was backing up. Martinez said she “knew the officer was in danger.”
The coroner’s report said Birendra Thakuri had three cuts on his face: on his nose, his cheek and above his right eyebrow. He also had cuts on both his knees and his right foot. A toxicology report found positive levels of amphetamines and THC in his blood.
Surendra Thakuri, according to the letter, had told investigators that during his conversations with Birendra Thakuri just prior to the shooting, his brother had been urging him: “Come brother, help me, hit him, hit him.”
