DENVER - The Denver District Attorney's Office has cleared a police officer who shot and wounded a man accused of killing a neighbor and using makeshift explosives.
District Attorney Mitch Morrissey released a report Monday saying Sgt. Jerry Heimbigner committed no crime when he shot 31-year-old Daniel Abeyta.
Abeyta is accused of wounding his wife, Autume Estrada, and killing neighbor Sandra Roskilly on Aug. 16. After the shootings, he was shot by Heimbigner after authorities said Abeyta shot at a propane tank with gunpowder on top.
Abeyta is charged with first-degree murder after deliberation, using an incendiary device during a murder, first-degree assault and child abuse. There was a child in Abeyta's home when Estrada was shot.