Officers cleared in June fatality

Four Arapahoe County sheriff’s deputies were found legally justified in fatally shooting a man last summer after a domestic disturbance escalated, according to a report released Tuesday by the 18th Judicial District Attorney’s Office.

Andrew Paine, 38, died of multiple gunshot wounds — two to his head and one to his chest — that he suffered June 23 while fleeing from police who arrived at Paine’s Centennial home on a welfare check, according to the report.

The night before, Paine got into an argument with a woman who isn’t identified in the report after she asked when he would finish building a swing set. Paine became angry “and felt she was picking on him,” according to the report.

The next morning, an unidentified person called police to report that Paine was arguing and screaming, had mental issues and possessed guns, noting that two small children were in the house with Paine.

Sgt. Bruce Peterson, Deputy Mike Stokes, Deputy Derek Goodyear and Sgt. Brett Cohn responded.

Before deputies arrived, Paine sent a text message reading, “After the cops murder me they’ll find that I have a broken hand and that any perceived threat was falsified,” the report said.

Police arrived at South Olive Street around 10:40 a.m. and saw, through the window of a closed garage door, a man with a gun standing inside the garage.

As police tried to deescalate the situation, Paine said officers were welcome to enter his home, but that he would shoot the first one in, the report said.

Officers heard a gunshot inside the garage and kicked through the front door of the home, searching for anyone else inside and trying to determine how to safely reach the garage. Police didn’t know that the others in the home, including the children, already had fled.

Paine then opened the garage door, got inside his Jeep Wrangler and started backing out while pointing a pistol out of his vehicle window at deputies, according to the report.

Deputies instructed Paine to drop his gun.

“Andrew extended his arm and Sgt. Cohn believed Andrew fired his handgun,” the report read. “Sgt. Cohn shot at Andrew because he believed Andrew posed an imminent threat to himself and the other deputies.”

Goodyear, Stokes and Peterson also shot at Paine as the 38-year-old was behind the wheel of his Jeep, backing into the street and then driving forward toward Stokes, who was standing in the road.

The investigation determined that the officers fired 31 rounds at Paine.

“Based on the video evidence and recovered .40caliber casings, Andrew Paine fired his gun inside his garage and at the sheriff’s deputies while driving his Jeep,” investigators concluded.

Paine slumped over from an apparent gunshot wound to the head, leading deputies to stop shooting and pull Paine from the driver’s seat. Paine was placed in handcuffs as Goodyear attempted CPR.

Paine was pronounced dead at 11:41 a.m.