COLORADO — (Video Below) — NEWS RELEASE: On February 5, 2017, Pueblo police officers were involved in a shooting that left one male deceased. The incident was investigated by the Pueblo Police Department Internal Affairs Section and the 10th Judicial District Critical Incident Team. The case was then reviewed by the Pueblo County District Attorney’s Office. The Pueblo County District Attorney ruled on August 14, 2017 that the shooting was justified under the law. Since that date, a criminal justice records request for the video of the incident has been submitted and will be fulfilled. In light of the records request, the Pueblo Police Department has chosen to release the video directly to the public. The following is a summary of the incident.
On February 4, 2017 at approximately 10:33 p.m., Pueblo Police Officers Todd Whittemore and Bernadette Lambert were dispatched to the 800 block of Acero Avenue in reference to a possible stolen vehicle. Upon arrival, the officers contacted a female who stated that her gray 2005 Lexus sedan was parked in the street in front of a residence. The female identified a male who was in possession of her vehicle, and reported to officers that he was armed with a handgun in his waistband. The officers discovered the male who was reportedly in possession of the vehicle was a known street gang member who had active warrants for his arrest. Although the officers determined that the vehicle issue was a civil matter, they nevertheless attempted to contact the male. The officers were not able to contact the male at the time.
On February 5, 2017 at approximately 12:20 a.m., the female recontacted the Pueblo Police Department and reported that the male was back at the residence in the 800 block of Acero Avenue. The female reported that this time the male was in possession of a gray Toyota Camry. The female said she saw the male along with another male in the vehicle. The Pueblo Police Department Communications Center aired over the radio “the reporting party said the car drove by again and the male parties had guns in their laps.”
When Officer Whittemore arrived in his fully marked patrol vehicle, he drove by the Camry which was parked facing westbound on Small Avenue behind a semi trailer. Officer Whittemore drove by the Camry as he travelled eastbound on Small Avenue. As Officer Whittemore drove by the Camry, he shined his spotlight into the vehicle and did not see any occupants inside. Officer Whittemore then made a u-turn and pulled behind the Camry. The Camry’s brake lights suddenly illuminated at which point Officer Whittemore activated is overhead emergency lights. After Officer Whittemore activated his overhead emergency lights, the driver of the Camry, later identified as 35-year-old Andrew Byrd, backed up striking Officer Whittemore’s patrol vehicle. At this time, Officer Neal Robinson was approaching eastbound on Small Avenue toward Officer Whittemore. Mr. Byrd rapidly accelerated forward while turning to the left, moving from behind the semi trailer and into the westbound lane of traffic as Officer Robinson pulled up next to the semi trailer. Mr. Byrd then turned to the right after the front end of the Camry cleared the back end of the semi trailer, at which point the passenger side of the Camry crashed into the trailer and the front end of the Camry went underneath the trailer. Officer Robinson positioned his fully marked patrol vehicle near the front and alongside of the Camry as it sat underneath the semi-trailer. Officer Whittemore exited his patrol vehicle and attempted to conduct a felony stop at gunpoint on the Camry, giving loud verbal commands to the driver to stop the car. Officer Robinson exited his patrol vehicle from the driver’s side door, which was near the front of the Camry, and ordered Mr. Byrd at gunpoint to turn off the vehicle. Mr. Byrd put his hands up, but then reached down to the console shifter and turned around to look back at Officer Whittemore. Mr. Byrd then disregarded the officers’ commands and rapidly reversed the Camry, violently crashing into the front of Officer Whittemore’s patrol vehicle and physically knocking Officer Whittemore (who was standing outside of his patrol vehicle behind the driver’s side door) backward. Mr. Byrd then turned into the direction of Officer Robinson and accelerated. Officer Robinson stepped back and closed the driver’s door to his patrol vehicle, with the back of his body against the patrol vehicle. Officer Robinson aimed his duty firearm at Mr. Byrd and tracked him as he drove toward Officer Robinson. As Mr. Byrd drove by Officer Robinson, Officer Robinson fired one shot into the driver’s side window of the Camry. The shot killed Mr. Byrd. Another officer on scene, Officer Bernadette Lambert, fired her duty firearm but did not strike Mr. Byrd.
There are several factors about the incident that can provide insight into why deadly force was used against Mr. Byrd. It was reported to officers that males associated with the Lexus and the Camry were armed. At the point that Mr. Byrd crashed the Camry into Officer Whittemore’s patrol vehicle, and subsequently placed the vehicle into drive, Officer Robinson saw him reach his hand down underneath the seat; Officer Robinson stated that he felt his life was in danger based on Mr. Byrd possibly reaching for a firearm. Officer Robinson also stated that he felt his life was in danger when Mr. Byrd began driving toward him, as Officer Robinson was trapped in between his patrol vehicle and the semi trailer. Officer Lambert, who was on the other side of Officer Robinson’s patrol vehicle, heard the gunshot and believed that Officer Robinson had been shot by Mr. Byrd; Officer Lambert fired a shot at Mr. Byrd based partially on her belief that he had shot Officer Robinson.
