Officer cleared in shooting
Incident was investigated by Boulder Critical Incident Team
The Boulder County District Attorney cleared a Lafayette officer who shot a man in April of any wrongdoing.
Lafayette Officer Austin Iverson shot Elijah Mueller on April 16 in the 700 block of South Lafayette Drive after Mueller reportedly made statements about having a weapon and then aiming a flashlight that Iverson believed was a weapon. Iverson fired three rounds, hitting Mueller twice in the right leg. Neither injury required surger y.
The shooting was investigated by the Boulder Critical Incident Team, a multiagency task force that investigates use of force cases in the 20th Judicial District.
A letter from Boulder District Attorney Michael Dougherty said the investigation alleges Mueller went on a crime spree that included a domestic violence assault and an attempted carjacking. Police also said Mueller reportedly was armed and had made statements about “suicide by cop” and getting into a shootout with police.
Dougherty in a press release stated that “it was reasonable for Officer Iverson to believe that Mr. Mueller was armed with a firearm and that Officer Iverson or his fellow officers were in imminent danger of being killed or seriously injured” and that the shooting was “both reasonable and appropriate under the circumstances.”
“As required in any officer-involved shooting, the Critical Incident Team conducted an objective, thorough review,” Dougherty said in a statement. “The integrity of these investigations is important to everyone involved and to this community. So, I want to acknowledge the cooperation provided by the Lafayette Police Department, as
well as the extremely thorough investigation conducted by the team. Based on that investigation, the officers acted lawfully and were legally justified in their actions in the confrontation with Mr. Mueller.”
Iverson, who has been with the Lafayette Police Department since February 2021, is in the process of being reinstated to active duty following the ruling.
“I would like to thank the members of the Boulder County Investigation Team for their professionalism while conducting a thorough investigation into the officer involved shooting that occurring in Lafayette on April 16,” Lafayette police Chief Rick Bashor said in a statement. “I also appreciate the in-depth review conducted by the Boulder County District Attorney’s Office and District Attorney Michael Dougherty.”
According to the investigation, police were called on April 15 after Mueller’s wife said he had assaulted her and threatened to kill her and her family. Mueller fled an attempt by police to question him at a nearby gas station.
Investigators said Mueller was later pulled over by a Colorado State Patrol trooper while doing 108 mph on U.S. 36. The trooper said he saw a stun gun and what appeared to be a rifle in the car, and Mueller drove away from the stop with the trooper still partially in the car trying to retrieve the stun gun.
On April 16, police, including Iverson, returned to Mueller’s apartment for surveillance. Mueller arrived at 10:30 p.m. after reportedly attempting to carjack someone at gunpoint earlier in the night.
Mueller fled on foot from police when they tried to contact him, and pulled out a 7-inch knife and threw it at officers, according to the report. Officers, including Iverson, continued to chase Mueller as he yelled “I have a gun,” and reached for his waistline. The statement about the gun was recorded on body camera footage, according to the letter.
Investigators said Mueller turned a corner around a building, and Iverson lost sight of him. When Iverson rounded a dark corner, he said saw Mueller sitting or crouching on the ground with something black and cylindrical in his arms, which were extended toward Iverson.
“In that moment, Officer Iverson feared for his life, because Officer Iverson knew that he was in Mr. Mueller’s line of sight as soon as he came around the building’s corner,” the letter read. “In response, Officer Iverson discharged three rounds from his service weapon, striking Mr. Mueller twice in the leg.”
Officers provided first aid for Mueller and discovered the cylindrical item was a black flashlight. The rifle in his vehicle also turned out to be a pepper ball gun.
Mueller in a letter to the investigation team after the incident wrote, “I was in the incident where I was shot in the leg, attempting to suicide by cop.”
Based on Mueller’s previous alleged actions, his statements to police and the threat of what appeared to be a firearm, Dougherty ruled the shooting was justified and that Iverson “had to make a split-second decision in order to protect himself and his fellow officers.”
“Whether it was later revealed that a suspect possessed a firearm or some other object, the legal analysis is required to focus on what was known to the officers at the time of the incident,” the letter read. “Given Mr. Mueller’s statements, prior reports that he had a firearm, and his posture toward Officer Iverson, it was completely rational and reasonable for Officer Iverson to believe Mr. Mueller was pointing a firearm at him.”
Mueller was later charged with two counts of stalking, two counts of felony menacing, third-degree assault, harassment, criminal mischief, vehicular eluding, DUI, reckless driving, speeding and violation of a protection order. His cases remain pending.