The 4th Judicial District Attorney’s office announced that it has ruled the actions justified of a Colorado Springs police officer in 2023 to knock a vehicle off the road, resulting in the death of a man suspected of carjacking.

Henry Jackson, 20, was killed April 13 after the car he was riding in was knocked out of control by the officer and crashed into a utility pole.

City police were on the lookout for a silver 2020 Hyundai Kona, which had been carjacked at gunpoint by two masked men around midnight, when a chain of events started.

According to police and the District Attorney’s Office, about 2:30 a.m. officers found the vehicle with two men wearing ski masks inside at a gas station off Delta Drive. Officers followed the vehicle, eventually turning on their lights.

Dashcam footage released by police shows scenes from the ensuing 3-mile car chase, where the suspects were doing 60-80 mph in 35 and 45 mph zones, running at least one red light in the process.

Colorado Springs officer Matt Anderson was in the lead position of the pursuit. Anderson requested permission to conduct a tactical vehicle intervention — purposefully tapping a pursuing vehicle to force it to turn sideways suddenly, ideally bringing the vehicle to a stop.

The district attorney’s investigation reports that at 2:38 a.m., Anderson asked for authorization of a TVI. It was authorized, provided the officers had cover and it could be done safely.

Anderson soon performed the TVI, just north of South Circle Drive and East Pikes Peak Avenue, at 2:39 a.m.

While the TVI was happening, the district attorney’s report notes that Monitoring Supervisor Sgt. Brady Mitts radioed, “TVI under 30 miles per hour, if possible.”

Data collected from Anderson’s patrol vehicle indicated he accelerated up to 88 mph to conduct the TVI. The suspect’s vehicle was traveling at 90 mph. The district attorney’s report notes that data from the Hyundai indicates that the suspect driver, later identified as 18-year-old D’Angelo Flynn, was flooring the accelerator at the time of the crash, and never applied the brakes. Neither he, nor his passenger, later identified as Henry Jackson, 20, were wearing seat belts.

The Hyundai skidded out of the intersection before hitting a utility pole.

Jackson was determined to be deceased at the scene, according to the DA’s office report. Officers said  a loaded handgun was found in Jackson’s possession.

Flynn was taken into custody, and later charged with charges including aggravated robbery and vehicular eluding. He is scheduled in court Wednesday.

No officers were injured during the incident, according to police.

Court records show Flynn is charged with aggravated robbery, violent crime with a weapon and vehicular eluding with death. He is held in the El Paso County jail on $50,000 bond.

DA’s findings

The report from the district attorney’s office concludes the work of the multiagency Deadly Force Investigation Team and concludes that Anderson was justified in his use of force, as defined by Colorado law.

Among the details the district attorney’s report notes in coming to its conclusion, was the fact that Officer Anderson requested and received permission to use his vehicle to stop the suspect’s vehicle. The report also notes that the officer had a reasonable belief that the two suspects, armed, masked and in a stolen vehicle, posed a continued threat to the public.

The suspects had ample opportunities to stop and surrender peacefully, but showed no inclination to do so, driving recklessly. The TVI was conducted in a less-busy intersection when there was no other traffic present.

While done at a speed higher than advised, the DA’s report notes that it was still conducted within CSPD policy. Also, other methods available to the officers at that time, like a roadblock, would have posed a significant risk to the officers since the suspects were believed to be armed.