Officer cleared in shooting of unarmed man

A Thornton police officer has been cleared in the shooting of an unarmed man after the suspect allegedly pulled his hands out of his pockets, quickly turned around and assumed a shooting stance.

Officer Oscar Hernandez did not commit a crime when he fired four shots at James Warnock on Jan. 11, according to a report signed by Adams County District Attorney Dave Young. When Hernandez shot Warnock, the officer believed the car thief suspect was about to shoot him “and that is why he fired his service weapon,” Young’s report says.

At 1:14 p.m. Jan. 11, Thornton police received a Lo-Jack alert on a 2008 red Kia Spectra in the parking lot of Home Depot, 10003 Grant St. in Thornton. When an officer tried to pull Warnock over, he fled at high speed while weaving through parking lot traffic, the report says. The officer did not pursue Warnock, because he nearly struck other cars.

Hernandez took up the chase as Warnock sped out of the parking lot and headed south on Grant Street, the report says. As Hernandez caught up with the Kia, Warnock crashed into bushes in the median near 98th Avenue, the report says.

Warnock got out of the car and ran from Hernandez as he repeatedly yelled, “Stop, you’re under arrest.” During the foot pursuit, Warnock kept reaching into his pockets. Near the Golden Corral restaurant, Warnock again appeared to reach into his pockets. Warnock then stopped, whirled around, pulled his hands out of his pockets “extending his arms towards” Hernandez, the report says.

Hernandez told investigators Warnock assumed a shooting position.

Hernandez drew his .40-caliber Glock handgun and fired four bullets at Warnock.

One bullet struck Warnock on the right side of his abdomen. He was taken to a hospital and survived his injuries, the report says.

Officer Mark Ashby, who witnessed the shooting, told investigators that while Warnock was running from Hernandez he was reaching into a pocket with one hand and Ashby warned Hernandez to “watch that left hand.” Ashby said Warnock was about 30 feet ahead of Hernandez when he pulled his hand out of his pocket clenched in a fist and pointed it towards Hernandez. Ashby said he thought Warnock was going to shoot at both officers.

Warnock told investigators he didn’t recall much about the shooting. He also claimed he didn’t know the car he was driving was stolen because he had borrowed it. He said he likely was digging into his pockets to “make sure he didn’t have anything illegal in his pockets.” He said he only stopped to obey the officer’s command.