Weld DA: Larimer County corporal justified in Weld County shooting that killed man in May

The Larimer County Sheriff's Office corporal who shot a man following a pursuit in May was justified in his decision to shoot, according to a ruling issued by Weld County District Attorney Michael Rourke on Tuesday.

Rourke’s decision comes from an investigation into the incident conducted by a Critical Incident Response Team, which investigates instances of fatal or near-fatal police shootings.

Douglas Weishaupl, 53, of Loveland, was shot twice by Cpl. Justin Calkins after he and other law enforcement officers pursued and attempted to arrest Weishaupl on May 26, according to the CIRT report. It said Weishaupl eluded them as a passenger in a car in Loveland before fleeing the car toward a field just southeast of Weld County Road 38, where he pointed a gun at officers.

Calkins was not one of the original deputies involved in the pursuit but heard it aired over the radio and drove toward it.

Members of the Larimer County Sheriff's Office's Strategic Enforcement Unit had arranged a meeting with Weishaupl using a covert Facebook account, according to Rourke's report, but after Weishaupl and the man driving him pulled into the parking lot of Safeway, 860 S. Cleveland Ave., in Loveland, he messaged that Facebook account and said he wouldn’t meet them because law enforcement was there. The men left the lot in the car, and law enforcement began following them.

A sheriff's investigator attempted a traffic stop with lights and sirens southeast of Loveland, but the vehicle did not stop, the report said. Then Weishaupl "was seen hanging out of the passenger window with a gun andshooting at the pursuing deputies" and "the vehicle continued to drive recklessly" on Interstate 25 at speeds reaching 80 to 90 miles an hour.

The vehicle stopped on the shoulder of I-25 and Weishaupl exited the vehicle toward a field, according to the report.

After Weishaupl refused to comply with officers' demands to drop the gun and fired a round into the ground, he moved closer to law enforcement and raised the gun again, leading Calkins to fire one round. Weishaupl, on the ground after the shot, reached for his gun, so Calkins fired another round, according to the report. Weishaupl died as a result of the gunshots.

"Calkins reasonably believed when he fired his weapon that he and other officers and deputies were in imminent danger of death or serious bodily injury," Rourke wrote in a letter.

Weishaupl was wanted on five outstanding warrants for failure to appear in court on multiple criminal accusations involving theft, drug possession and lying to police.

More in Weld County:Suspect arrested in hit-and-run crash that killed Weld County sheriff's deputy near Greeley

How CIRT works

The 19th Judicial District Critical Incident Response Team, or CIRT, was formed in October of 2015 in accordance with a new state law requiring a multiagency team to investigate "an incident involving the discharge of a firearm by a peace officer that resulted in injury or death."

The team is automatically and immediately activated when a police officer is involved in a shooting. The agency that employs the officer or officers involved in a shooting is responsible for alerting the team.

CIRT can also investigate incidents involving officers that result in serious injury or death.

Agencies involved in the 19th Judicial District's CIRT investigations include: Colorado State Patrol, Dacono Police Department, Eaton Police Department, Erie Police Department, Timnath Police Department, Weld County District Attorney, Weld County Sherriff's Office and more.

An agency cannot investigate itself.

After a CIRT investigation is completed, the report is presented to the district attorney, who decides if any criminal charges will be filed related to the incident.

This report was done by the Weld CIRT team as opposed to Larimer County's even though it was Larimer officers involved because the shooting took place in Weld County. Results were presented from the Weld district attorney to Larimer County Sherriff Justin Smith.

Coloradoan reporter Sady Swanson contributed to this article.

Molly Bohannon covers city government for the Coloradoan. Follow her on Twitter @molboha or contact her at mbohannon@coloradoan.com. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today.

This article originally appeared on Fort Collins Coloradoan: Larimer County corporal justified in fatal Weld County shooting