CENTENNIAL, Colo. (KDVR) — The Arapahoe County Sheriff’s Office has released body-worn camera footage from a police response that ended with deputies shooting a person in a stolen car at the Ivy Crossing apartment complex back in March.
On March 3, 2022, an Arapahoe County deputy shot and killed one person at an apartment complex on the 7500 block of E. Harvard Avenue. The shooting happened at around 7:40 a.m. while the deputy was patrolling the complex.
The edited body-worn camera footage released on Thursday shows the view from all three of the deputies who were present during the incident. According to ACSO, the deputies were Daniel Willmont, Kenneth Foley and Joshua Bandstra.
The video is 29 minutes and three seconds, with the first 12 minutes including deputies arriving on the scene and attempting to contact the driver. During the video, there are several occasions of expletives being used, the sound and visuals of gunfire and pixelated video of attempts to save the suspect’s life after he was shot.
According to ACSO, Willmont was investigating a stolen vehicle and called for assistance. Once on scene, the deputies tried to talk to the suspect who was sitting in the driver’s seat of the stolen Kia Sportage SUV.
The suspect was identified by ACSO as 29-year-old Jamarian McGhee.
Around 12 minutes into the video, deputies positioned their SUVs so McGhee could not back up and used the PA speaker to get his attention and get a reaction.
The video shows the deputies announcing themselves and attempting to get McGhee to voluntarily surrender.
A short time later, deputies approach the driver’s window of the stolen vehicle and get a response from McGhee after pulling off a window covering.
When deputies ordered him to put both of his hands outside the vehicle through the driver’s side window, he only put his left arm out while keeping his right arm inside. During the exchange, he can be heard saying “I don’t want to fight” multiple times.
As this is happening, McGhee put the Kia in reverse and hit the patrol car where Willmont was standing.
ACSO said that when the car was reversed, Foley deployed his Taser through the driver’s side window and Willmont fired his rifle through the rear window. The car then came to a stop and the deputies removed McGhee and began CPR.
The remainder of the video shows deputies and eventually EMTs attempting to revive McGhee. During this time, a revolver is also found near his body and taken as evidence by deputies.
According to ACSO, McGhee suffered a single gunshot wound to his back. He was pronounced dead at the scene.
The incident is currently being investigated by the 18th Judicial District Critical Incident Response Team.
What happened after the incident?
According to ACSO, Willmont was the only deputy placed on administrative leave for six weeks, then he returned to patrol. Foley was never placed on leave and he remains on patrol. Bandstra was not placed on leave either but left the agency in July to go back to school.
Lee Merritt, the attorney for McGhee’s family said the district attorney should charge the deputy or have a grand jury consider charges.
Merritt said police aren’t supposed to shoot into moving vehicles if no other threat exists.
“There’s no indication that McGee was shooting out at the officers or making some sort of deadly assault toward the officers,” Merritt said.
Only one officer made the decision to discharge his weapon, to discharge his firearm, I should say. That’s one indication that that officer made the wrong decision.”
The ACSO Use-of-Force policy states: “Members should not intentionally or recklessly create the need to discharge a firearm at a vehicle by placing themselves directly in the path of a suspect vehicle if it can reasonably be avoided, and members should immediately move out of the path of a vehicle whenever reasonably possible.”
Merritt said the only thing McGhee was accused of during the stop is moving in his vehicle which was not justifiable for use of deadly force.