FOX21 News Colorado

March officer-involved shooting near Platte Avenue ruled justified

Courtesy: FOX21 Chief Photojournalist Mike Duran

(COLORADO SPRINGS) — The 4th Judicial District Attorney’s Office has completed its review of an officer-involved shooting from March 7, 2022, and has ruled the shooting justified.

According to the 4th Judicial District Attorney’s Office, on March 7, detectives with the Violent Offender Fugitive Task Force as well as patrol officers with the Colorado Springs Police Department were searching for 39-year-old James Gregory, who was wanted on an active warrant for an attempted murder out of Mississippi.

Gregory was tracked to a motel on East Platte Avenue where he was believed to be staying. Officers then tracked Gregory to the Walmart on E. Platte Ave. and attempted to follow him as he left the back of the Walmart, then made his way through neighborhoods and streets to the southwest.

Officer Justin Murphy, one of the officers searching for Gregory, drove his patrol car to the back parking lot behind Dunkin Donuts at the intersection of North Circle Drive and East Bijou Street. Officer Murphy saw Gregory walking out from behind a dumpster next to a nearby apartment complex, and the officer stepped out of his marked patrol car so he could instruct Gregory to stop.

The 4th Judicial District said the search happened during daytime business hours, and that there were multiple civilians parked and driving near businesses. Officers believed Gregory was armed and dangerous at the time, posing a threat to those in the area.

After Officer Murphy instructed Gregory to stop, Gregory pulled out a handgun and pointed it at the officer, the 4th Judicial District said. Officer Murphy pulled his service weapon and fired at Gregory multiple times while Gregory ran north with the handgun still in his hand.

Officer Murphy fired at least 14 rounds while chasing Gregory, hitting him at least once. The 4th Judicial District said Gregory did not stop or drop his weapon despite being wounded, and continued running north alongside a business and through parking lots on the east side of N. Circle Drive.

CSPD Officers Alan Radke, Larry Wright, and Eric Price arrived during the pursuit and joined Officer Murphy. The officers gave orders for Gregory to drop his weapon, and instead of complying, he pointed his gun at the officers.

Officers Radke, Wright, and Price all fired at Gregory, hitting him in the torso. According to the report, Officers Radke and Wright both fired six shots each, and Officer Price fired one shot. Gregory fell to the ground after being struck, and officers immediately began to render medical aid.

Paramedics with the Colorado Springs Fire Department (CSFD) arrived and began “advanced life-saving measures,” though Gregory was unable to be resuscitated and died of his injuries on-scene.

According to the report, a loaded 9mm semi-automatic pistol was found near Gregory and was identified as the one he had pointed at officers. A loaded magazine with eight rounds was found inside the weapon, a live round was found partially inserted into the action and one live round was found partially inserted inside the chamber of the weapon although the gun’s slide was locked back, indicating that Gregory’s gun appeared to have misfired.

Gregory died as a result of a gunshot wound inflicted by one of the officers who had fired at him. The El Paso County Coroner ruled his death a homicide, and the use of deadly force by Officers Murphy, Radke, Wright, and Price was in response to the ongoing lethal threat he posed to the community and to officers.

The use of deadly force by all officers involved was therefore ruled justified based on the circumstances and facts of the case, the 4th Judicial District said.