The Denver Post

No charges for four Westminste­r officers who fired 63 shots

- By Kieran Nicholson

In the darkened crawlspace of a Westminste­r home, two officers saw the muzzle flash of a suspect’s handgun. Those officers, and two others in the home, fired 63 shots. They hit the suspect, who died on scene, 41 times.

The four officers involved in the May 9 shooting death of Joseph David Jaster, 40, will not face criminal charges, according to a letter from Dave Young, District Attorney for Adams and Broomfield counties, to Tim Carlson, Westminste­r police chief.

Officers David Galbraith, Mike Catalano, Drew Smith and Sgt. Jason Poppenger, all fired their weapon at Jasper, according to Young’s decision letter.

Jaster, wanted as a suspect in a motorcycle theft, was pursued by an officer to a home in the 1300 block of West 135th Avenue.

After a six-hour standoff, Jaster, armed with a handgun, was hiding in the darkened crawlspace in an attempt to evade officers. Galbraith and Catalano went into the crawlspace in an attempt to convince Jaster to surrender. Instead, he pointed a weapon at the officers, the letter said.

Poppenger, armed with a rifle, was at the entry of the crawlspace. Smith, also armed with a rifle, was inside the home, above the crawlspace.

Galbraith and Catalano both saw the muzzle flash of Jaster’s gun, according to the Young’s letter. They fired, as did Poppenger and Smith.

When the shooting started, Sgt. Brian Hemplemann, a police dog handler, was inside the home. A bullet came through the floor, hitting Hemplemann in the arm. He fell to the floor.

The investigat­ion found that Poppenger fired eight rifle rounds; Catallano fired 28 rifle rounds; Smith fired 10 rifle rounds; and Galbraith fired 17 rounds from his Glock 9mm pistol.

By law, the DA’s office would not be able to prove beyond a reasonable doubt that the officers committed a crime, Young’s letter said.

Jaster had amphetamin­e and methamphet­amine in his system, according to a coroner’s report.

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