Updates: 30th St. Homicide Investigation and Table Mesa Park-n-Ride Officer Involved Shooting
Boulder County District Attorney Michael Dougherty today issued a decision letter surrounding the officer-involved shooting that occurred Nov. 1, 2019. After reviewing the investigation, completed by the Boulder County Critical Incident Team, Dougherty determined University of Colorado Boulder Police Sgt. Matt DeLaria, a member of Boulder Police Department SWAT, was legally justified in his use of physical force in this incident. DeLaria’s shot did not cause Jose Gallegos’ death. The Boulder County Coroner determined Gallegos’ manner of death to be suicide and cause of death to be multiple blunt force injuries. The opinion letter authored by District Attorney Michael Dougherty and body camera footage can be found here.
"The video and investigations shows the deliberate care taken by the SWAT team for more than 20 minutes to try to negotiate a peaceful ending to this tragic situation,” said CUPD Chief Doreen Jokerst. “Sgt. DeLaria's actions were appropriate and potentially prevented physical harm to the 6-year-old and 12-year-old children inside the vehicle.”
DeLaria was placed on paid administrative leave after the shooting, per normal protocol. He will return to patrol duty for CUPD, where he has worked since 1999.
The Boulder Police Department determined Gallegos was solely responsible for the death of his wife, Martha Sianez-Hernandez. The Boulder Police Department presented the investigation to the District Attorney’s Office, which determined, if Gallegos survived, he would have been prosecuted for the domestic violence murder.
“As this tragic case demonstrates, domestic violence can become deadly,” said Boulder Police Interim Chief Carey Weinheimer. “If you or anyone you know is in an abusive relationship or have been a victim of domestic violence please reach out for help.” The Boulder community has many resources available to help support victims of domestic violence. Call 9-1-1 in cases of an emergency. Otherwise please contact the Boulder Police Department at 303-441-3333 or CU Boulder Police at 303-492-6666 for more information on available resources.