Finger pushing


Colorado Springs police officers justified in shooting, wounding man, DA rules

Two Colorado Springs police officers were justified in shooting a suspect who shot and wounded one of the officers and reached for the other officer’s gun, according to a decision letter released Wednesday by the 4th Judicial District Attorney’s Office.

Officers Daniel Mork and Steven Mibert pursued Michael Foster on Feb. 2 after he exited a “suspected gambling site” in the 2600 block of East Bijou Street and ran from them as they approached.

Mork “noticed” Foster because he matched the description of a murder suspect and dressed “very suspiciously” for the “warm” day with a high of 54 degrees.

After Foster returned to the building, the officers learned the murder suspect had already been arrested. Still, they decided to contact Foster when he left a second time because of his “behavior and dress,” the decision letter states.

“Obviously whatever he’s doing was up to no good, knowing the gaming place,” Mork told investigators with the El Paso County Sheriff’s Office.

The officers approached Foster with Mork about 20 to 30 yards ahead of Mibert. Once Foster saw the officers, he ran into an enclosed area next to a garage across the street.

Prosecutors say Foster then turned around and drew his gun first, causing Mork to draw his own weapon before trading fire seconds after entering the enclosed area.

Michael Foster
A screenshot from body camera footage showing Colorado Springs police Officer Dan Mork on the ground after being shot, while Officer Steven Mibert attempted to apprehend Michael Foster on Feb. 2. (Courtesy of the Colorado Springs Police Department)

After falling to the ground from being shot, Foster began to flee while disarmed when Mibert took him to the ground in a driveway outside of the enclosed area and shot him at close range.

“I thought he was about to grab my gun, and that’s when I fired,” Mibert told investigators. “I was in fear for my life cause I just witnessed what he did to my partner.”

Mork suffered serious but non-life-threatening injuries and was released from the hospital, police previously said.

Foster’s injuries left him in critical but stable condition for weeks after the shooting.

He is now facing 15 charges, including second-degree attempted murder and first-degree assault with a deadly weapon.

Foster pleaded not guilty to the charges on June 8 and is set for a motions hearing on Sept. 3, with a trial scheduled for Oct. 20.

He was being held at the El Paso County jail on a $1.1 million cash bond, jail logs show.

The justification of the officers’ use of force means neither will face charges related to the shooting. Mibert has been with CSPD for over eight and a half years, while Mork has served 26 years, police previously said.



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