Two Westminster police sergeants cleared criminally in shooting death of armed man

Two Westminster police sergeants who shot dead an armed man will face no criminal charges in the incident.

Evidence “does not support the filing of any criminal charges” against Sgts. Steve Holton and Blair Wilson, according to a decision letter, dated Nov. 10, signed by Adams County District Attorney Dave Young.

David Jacobs, 38, who wanted on a warrant out of Lakewood, was shot on June 18 inside a second-floor apartment at 6980 Stuart St., according to the document, which was sent to Westminster Chief Tim Carlson.

Lakewood police were on the scene and the Westminster SWAT team was serving the warrant for Jacobs’ arrest on suspicion of burglary, assault and menacing, which included the alleged use of a  9mm handgun.

As SWAT members approached the apartment, Jacobs came out of the apartment’s front door, and then quickly re-entered closing the door. Police announced themselves, saying they were serving a warrant.

Officers entered, finding four people, but not Jacobs, in the living room. All four safely left the one-bedroom apartment. Holton and Wilson, along with Officer David Holton, entered the bedroom to find Jacobs sitting on a bed, holding a handgun to his head, the decision letter said.

Commands were given for Jacobs to drop the gun. Instead, Jacobs pointed the gun at the police, who then fired, the letter said.

“The gun starts to come towards us and that’s when I fire,” Sgt. Holton told investigators.

Sgt. Holton fired a .223 rifle three times, Wilson fired a .223 rifle twice. Officer David Holton did not fire his weapon. A 9mm Luger semi-auto handgun, with a live round in the chamber and five rounds in the magazine, was recovered from the bedroom.

An autopsy determined that Jacobs was hit five times by gunfire. His blood tested positive for amphetamine and methamphetamine, the letter said.

“The evidence supports the objectively reasonable conclusion that all the officers in the room with Mr. Jacobs were in ‘imminent danger of being killed or of receiving great bodily injury,’ ” according to the letter. “Applying the facts of this incident to the applicable law, the evidence does not support the filing of any criminal charges.”

 

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