A Colorado Springs officer who shot a gunman justified the use of lethal force.

A Colorado Springs police officer, who shot and killed a gunman, was justified in his use of deadly force, according to a police shooting review.

On Oct. 3, 2021, Officer Chase Gardner, who was on an extra assignment at a Walmart, 3201 E. Platte Ave., shot David Jacques who allegedly shoplifted in the store, according to a decision letter on the shooting published Friday.

Gardner attempted to arrest Jacques, issue him a citation, but the suspect fled, according to the review. Gardner pursued Jacques and found him hiding under a vehicle parked in a second-hand car park in the 200 block of North Chelton Road.

Gardner, in vain, ordered Jacques out from under the vehicle. Gardner fired a Taser at Jacques, who was still under the vehicle, and the suspect remained “non-compliant”, the review said.

Gardner dropped his Taser and pulled out his “service weapon,” according to the review. At that moment, Jacques fired one shot from a handgun at Gardner, who then shot Jacques twice. Jacques was taken to a local hospital where he died.

Gardner’s standard body-worn camera system did not record the incident, despite his attempts to activate it during his search for Jacques, the review said. Body cameras worn by other officers involved recorded, and those images were used in the investigation. Investigators also used surveillance footage from Walmart, the parking lot and another business as part of the police investigation into the shooting.

The weapon Jacques fired, a Taurus G2C 9mm handgun, was recovered from the scene with a spent cartridge case, according to review by a multi-agency law enforcement team, including the bureau from the El Paso County District Attorney.

At the time of the shooting, Jacques was on probation and had active warrants for his arrest, according to the decision letter.

“Jacques posed an immediate threat to Officer Gardner as he fired a handgun as Officer Gardner attempted to take him into custody,” the review said. “Officer Gardner considered and used less lethal options and only resorted to lethal physical force after Mr. Jacques shot him, creating an imminent lethal threat. Officer Gardner’s use of deadly physical force was justified.