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Larimer County deputies cleared in November fatal shooting

Three Larimer County Sheriff’s deputies were justified in shooting dead a suspect in a stolen truck that led them on a high-speed chase in November and was armed with a rifle, according to a Friday news release from the Eighth Judicial District Attorney’s Office.

On Nov. 21 just after midnight, deputies stopped the suspect vehicle after a chase down I-25 near Crossroads Boulevard. Officers told investigators Justin Anderson did not comply with orders to show his hands, and instead was seen trying to get a magazine into a rifle. The deputies fired into the cab of the truck multiple times, killing Anderson.

Larimer County deputy Justin Napolitano observed the truck, with a broken headlight, late that night at the Love’s Travel Stop in Berthoud — a location common for illicit drug transactions, according to the release.  

Napolitano was patrolling the area in a uniform and marked patrol vehicle when a silver Mazda sedan pulled up to an out-of-service gas pump then left without getting gas when the driver saw the patrol vehicle.

As the Mazda left, Anderson drove into the station in a gray Chevrolet truck with a headlight out and no front license plate, according to the letter. Anderson did not get gas, “appeared frustrated” and left the gas station, causing Napolitano to believe the two cars were there for a drug transaction.

Napolitano followed Anderson eastbound on State Highway 56, then northbound on I-25, where Napolitano tried to stop the truck, with lights and sirens, for the headlight and speeding violations, according to investigators. 

Anderson started driving “erratically” to avoid Napolitano, who called for backup. The dispatcher found that there was an “attempt to locate” associated with the truck, which was tied to Anderson, who had six active felony warrants for larceny, dangerous drugs and traffic violations.

Two more deputies, Jonathon Wedemeyer and Jamie Smith, joined the chase and stopped Anderson on northbound North Fairgrounds Avenue, according to the report. 

When Anderson stopped, deputies said he reached behind him with both hands and produced a rifle and high-capacity magazine.

Napolitano “was convinced this was a deadly force situation” and that Anderson was “a second away” from shooting and killing him or other deputies, he told investigators.

Napolitano fired at Anderson three times, at which point the truck’s tires started spinning, meaning Anderson likely slumped against the accelerator. When they started spinning, Wedemeyer and Smith fired at the vehicle as well, thinking Napolitano was in danger of being hit as Anderson tried to escape.

Napolitano called for medical help and responders found Anderson dead from a gunshot wound to the head, still clutching a Ruger .22-caliber rifle.

The District Attorney’s Office said the three officers were legally justified in shooting their firearms to defend themselves and other deputies from the threat.

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