Officers not charged in fatal shooting of shoplifting suspect

Lone Tree police officers will not face criminal charges for fatally shooting a shoplifting suspect in the parking lot of an upscale mall after the man fired at them.

The two officers were justified in killing Kenneth Sisneros on Feb. 28 because they were defending themselves and the public, Clinton McKinzie, chief deputy district attorney for the 18th Judicial District, wrote in a letter released Monday.

“Both officers fired on Sisneros in order to defend themselves and others from Sisneros’ use of deadly physical force in order to escape,” McKinzie wrote. “The officers were justified in doing so to prevent Sisneros from killing them or anyone else in the parking lot.”

A Park Meadows Shopping Resort security guard stopped Sisneros and Mercedes Cruz as they attempted to steal items from Macy’s worth about $2,000, according to the letter. When confronted, the two dropped the merchandise and Sisneros pointed a gun at the guard.

Lone Tree police arrived at the mall at the same time and Sisneros pointed the gun at an officer. Sisneros and Cruz ran in different directions across the parking lot and officers chased Sisneros.

Sisneros then fired four rounds at the officers. Officer Charles Miller and Sgt. Andrew Montes then shot Sisneros, killing him in the parking lot. Each officer fired 12 rounds and 10 rounds struck Sisneros, according to the letter.

The officers found two other guns in Sisneros’ pockets.

When police arrested Cruz on March 3, she told them that Sisneros said he would shoot at police if they interfered with the theft because he didn’t want to go back to prison.

Cruz faces charges of possession of a controlled substance, theft and trespassing in connection to the theft at Macy’s, according to the prosecutors office. She failed to appear for her Sept. 23 arraignment and law enforcement issued a warrant for her arrest.