- Associated Press - Monday, February 2, 2015

DENVER (AP) - A police officer was justified in shooting and injuring a man who had been firing a pistol, Denver’s district attorney said in a letter released Monday.

In his Jan. 30 letter to the Aurora police chief, District Attorney Mitchell Morrissey said a Denver police investigation showed that Aurora Police Department Officer Jeffrey Olson had reason to fear he was going to be fired on when he shot once at Omari Cook-Nunn, grazing his neck.

“I conclude that the use of force by Officer Olson was justified,” Morrissey said. “Therefore, criminal charges will not be filed by this office against Officer Olson.”

Olson had been the first officer on the scene after multiple gunshots were heard at an apartment complex near the Aurora-Denver line early on Jan. 3. Another officer reported that Cook-Nunn, who faces weapons charges in the incident, complained about being shot as he was being taken to the hospital and said he had been firing to celebrate New Year’s. More than three dozen spent .22-caliber shell casings were recovered at the scene, along with a handgun Cook-Nunn was seen throwing into the snow after he was shot.

Cook-Nunn refused to give a statement to investigators.

Morrissey said witnesses told investigators Olson was justified in defending himself after Cook-Nunn turned toward him swinging a gun and ignored multiple calls to show his hands and drop his weapon. Olson told investigators he was “scared he was going to shoot me,” and that he tried to fire twice, but on the second attempt his own weapon malfunctioned.

Morrissey is the official who will review the Denver police investigation into a Jan. 26 shooting in Denver in which an officer killed a 17-year-old girl. Police have said the girl drove a stolen car toward the officer, injuring him, when she was shot.

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