The 20th Judicial District Attorney’s Office will not file charges against two Boulder Police officers who fatally shot a woman allegedly pointing a replica gun at cars and motorists.

Officers Nathan Schultz and Jarrett Mastriona of the Boulder Police Department fired 12 overall shots at 51-year-old Jeanette Alatorre on Dec. 17, leading to her death. They will not be charged for their use of force, which was deemed justified due to potential life-threatening danger, according to a letter from the 20th Judicial District Attorney’s Office.

Officers arrived at North Boulder Recreation Center at 3170 Broadway around 3 p.m. Sunday, Dec. 17, following a report that a woman — later identified as Alatorre — had locked herself in the bathroom and potentially had a handgun, according to the decision letter.

Alatorre was eventually escorted from the building by responding officers. As the officers attempted to leave, she allegedly stopped the vehicle and “challenged the officers to a fight,” the letter said. Police left the scene.

The department was contacted again around 4 p.m. on two reports that Alatorre was threatening people outside of the recreation center with a handgun.

Upon arrival, Alatorre reportedly refused to comply to officers’ demands to stand down and drop what appeared to be a handgun. She was struck with two non-lethal bean bag rounds but did not stand down. 

When Schultz saw the woman allegedly point her handgun at him for the third time, he fired nine rifle rounds at her, sending her to the ground, according to the decision letter. 

Mastriona then saw Alatorre sitting up as if to fire at Schultz, according to the letter. He fired three rifle rounds at her. She later died at the scene.

Investigators determined the alleged handgun to be a Beretta APX .177 mm caliber air pistol, an “accurate replica” of a real 9mm caliber Beretta APX handgun.

The incident was later investigated by the district attorney’s Critical Incident Team, which determined both officers justified in their use of force due to the possible threat of the replica handgun.

“It is certainly a tragic incident due to the loss of life. It was reasonable, though, for the officers to believe Ms. Alatorre posed a threat to the lives of others,” District Attorney Michael Dougherty said in the release. “Under the law, the police officers did not commit a crime that can be proven beyond a reasonable doubt.”

A woman who presented herself to The Denver Gazette as the daughter of Alatorre, Jeannette Orozco, reached out via email claiming that family members did not hear from the police department regarding her mother’s death. She said she did not learn about the incident until she received a February notification from Denver County that her mother’s probation had been terminated due to her death. 

The woman did not respond to multiple emails and calls from The Denver Gazette for more information. 

A Boulder Police Department spokesperson said via email: “multiple agencies involved in this investigation, including the Boulder Police Department, conducted a thorough search for the next of kin. In December and January, investigators exhausted all available resources and were unable to locate a next of kin for Ms. Alatorre. As soon as the next of kin was identified, all supportive processes were implemented.”

“We take this responsibility very seriously and we regret that a timelier notification did not occur,” they added. “We continue to communicate with and connect her with the resources and support services she’s requested.”

A DA’s spokesperson said of the delay in notifying Alatorre’s family: “Our office met with Ms. Alatorre’s daughter, son, and son-in-law on two separate occasions. Yesterday (March 6), we reached out to them to let them know that the decision would be released today. They asked that it be emailed to them. This morning, at around 730 a.m., our Victim Advocate emailed the decision letter to her daughter. Mr. Dougherty emailed the decision letter to their attorney.”

“Although the officers should not be criminally prosecuted for their actions, our office always seeks to be as supportive and engaged with the family members as possible,” according to the spokeswoman.

Dougherty plans to hold a virtual town hall meeting regarding the overall incident at 3:00 p.m. on Thursday to address any questions. The community can attend at https://bit.ly/OISNorthBoulder.

Our office met with Ms. Alatorre’s daughter, son, and son-in-law on two separate occasions. Yesterday, we reached out to them to let them know that the decision would be released today. They asked that it be emailed to them. This morning, at around 730 am, our Victim Advocate emailed the decision letter to her daughter. Mr. Dougherty emailed the decision letter to their attorney. The attorney acknowledged receipt and said that he would follow up with the family. Also, we have another meeting with them scheduled for March 14^th – before the Town Hall. Although the officers should not be criminally prosecuted for their actions, our office always seeks to be as supportive and engaged with the family members as possible.