The investigation also revealed many police contacts in which these two individuals were pursued by police.  The pursuits involved very specific actions by Mr. Kresky and Mr. Titus.  It is believed that they had access to the Colorado Springs Police Department’s policy defining when officers would discontinue an active vehicle pursuit.  Because of this knowledge, upon being pursued they would take actions that caused concerns to officers pursuing them.  Upon these actions supervisors had to call off the pursuits.  Mr. Kresky and Mr. Titus also told several witnesses that if they had to shoot it out with the police that they would.  Neither wanted to go back to jail and said they would shoot a police officer if needed.  Officers involved in the pursuit of Mr. Kresky were briefed on these statements before going on their patrol shift that night.  Officers involved in the attempted contact of Mr. Titus had received a photograph of Titus and were aware that he was known to carry weapons, had made statements similar to Mr. Kresky’s and had warrants out for his arrest. 

                Colorado Revised Statutes § 18-1-707 provides that an officer is justified in using deadly force if he or she reasonably believes that it is necessary to defend himself or a third person from what he or she reasonably believes to be the imminent use of deadly physical force.  The District Attorney’s Office reviews all incidents involving a discharged weapon by an officer. 

The facts and evidence from the Robert Kresky investigation show that the officers were acting reasonably at the time.  Officers knew of Robert Kresky and his tendency to get into pursuits.  Officers were responding to a shots-fired call indicating that a gun was involved.  Furthermore, officers knew the vehicle was stolen and that Robert Kresky had almost hit another officer during the pursuit.  Rather than listen to officer’s commands, Robert Kresky was desperate to get away from officers and ran after the pit maneuver was completed.  Officers were then forced into a situation with Mr. Kresky where they thought they would be shot.  Thus, based on the law and the facts, the investigation has determined that the officers were justified under the law of the State of Colorado. No criminal charges will be pursued.

The facts and evidence from the Nicholas Titus investigation also show that the officers were acting reasonably at the time.  Law enforcement knew of Nicholas Titus statements, his penchant for stealing cars and carrying guns and the likelihood he would rather ‘shoot it out with the police’ rather than go back to jail.  They knew he had four felony warrants for his arrest and was likely driving a stolen truck.  Officers acted on their experience, their training and their knowledge of the law to try and peacefully apprehend Nicholas Titus.  Titus had several opportunities to surrender to police and rather chose to escalate the violence and create a situation that led to him being shot by the police.  The officers matched Titus’s force with their force still trying to apprehend him without injuring anyone.  Titus tried to evade the numerous police vehicles that converged on the stolen truck.  When the truck was disabled, Titus started to exit the truck with a gun in his hand, pointed at officers.  Officers acting on Titus actions had to shoot him fearing that they would be shot.  Thus, based on the law and the facts, the investigation has determined that the officers were justified under the law of the state of Colorado.  No criminal charges will be pursued.