WATCH: Body cam footage shows officer-involved shooting of domestic violence suspect in Colorado Springs

Annika Schmidt, The Gazette (Colorado Springs, Colo.)
Updated ·4 min read

Mar. 29—An officer-involved shooting in the early hours of March 13 left a man injured with gunshot wounds after officers responded to a residence for reports of a domestic disturbance.

Jose Aponte, 52, was shot three times after refusing to comply with officer commands and allegedly raising what is believed to be a metal flashlight as he hid from police in a crawl space, according to a video briefing with body cam footage from the Colorado Springs Police Department.

A 911 call on March 12 around 5:30 p.m. reported that Aponte was in a residence in the 1000 block of North Foote Avenue, but he was not allowed to be there due to a restraining order, police said.

Police arrived at the residence over four hours later around 9:51 p.m. after a second 911 call from the same caller reported screaming and a man raising his fist at a woman in the home. There were no available officers to respond after the first call, according to Cmdr. Tish Oleszewski with CSPD's Gold Hill Division.

Officers conducted a search of the home for Aponte, who had four active warrants, including one felony arrest warrant, police said. They did not find him, but a woman at the residence said he was still there and hiding. On a second search of the home, officers entered a crawl space where Officer Pierre Gutierrez found Aponte hiding under bags and boxes.

"Let me see your hands," Gutierrez and other officers shouted to Aponte, who responded by allegedly placing his hands behind a trash bag.

Oleszewski said officers deployed tasers twice, which were ineffective after being blocked by the trash bag. Aponte raised his hand from behind the bag holding a "metal object," later determined to be a metal flashlight found where the encounter occurred, police said.

Gutierrez allegedly fired his weapon three times, striking and injuring Aponte, according to police. Officers reportedly rendered medical aid until emergency medical personnel responded and transported Aponte to the hospital.

The El Paso County Sheriff's Office is investigating the officer-involved shooting.

"Once completed, the investigation will be sent to the 4th Judicial District, District Attorney's Office for a determination on whether the officer's use of force complied with Colorado law," Oleszewski said.

Court records show Aponte has since been charged with felony assault and violation of a protection order, not related to his encounter with Colorado Springs police officers.

Three of the arrest warrants Aponte had at the time of the officer-involved shooting were related to his dangerous dog, which court records show allegedly caused bodily injury at least three times since December 2022. He faced the same charge in May 2019, according to court records but it is not clear if the charge stems from the same dog.

Two days before officers responded to the domestic disturbance, Colorado Springs police were asked to assist the Humane Society of the Pikes Peak Region to remove a dangerous dog at that same address in the 1000 block of North Foote Avenue, according to Oleszewski. Aponte was allegedly not complying with the Humane Society prior to the search warrant.

On March 11 at 1:42 p.m., officers conducted the search warrant. While inside the home, the dog, described by police as a large pit bull, bit one officer's leg. The officer shot and killed the dog, and the Humane Society removed it from the residence, police said. Aponte was not located at the residence at this time.

Aponte has an extensive criminal history in El Paso County dating back to 1989. He was found guilty of felony menacing, attempted robbery, obstructing a police officer and harassment, all in the 1990s.

Court documents show his open cases in El Paso County court include charges for dangerous dog ownership, harassment, possessing an illegal weapon, possessing an illegal substance, second-degree assault, violating a protection order and driving under the influence with at least three priors, all since 2019.

For the charges of second-degree assault and violating a protection order stemming from the alleged March 12 incident, Aponte is being held on no bond, court records show. There may be additional charges filed later on related to his contact with police on March 13.