Fountain police release video of shooting where dog and suspect were killed

The incident happened May 20, 2023 along Taos Circle near Santa Fe and I-25. Police were called to reports of a domestic disturbance. The suspect was identified as James Boyle of Fountain. The Colorado Springs Police Department took over the investigation.

On Thursday, the 4th Judicial District Attorney’s Office shared a report stating the use of deadly physical force by one of the officers did not rise to the level of criminal activity and no charges would be filed against the officer. For the other officer, the use of force was justified. According to the full report, police had been called to the suspect’s home the day before after his wife allegedly locked him out.

“Boyle was allowed to enter his residence and officers noted he was hostile towards law enforcement and that two officers should respond to the residence for any future incidents,” the report states, tied to the May 19 call.

On May 20, both officers who were called back to the home were made aware of the incident on May 19. One person had told police the suspect was threatening to kill someone and had sexually assaulted them in the past. Videos with audio were shows to police of the suspect making threats toward the woman. Police were also informed the suspect had access to weapons in the home. When police tried to make contact with Boyle outside his home, a scuffle started.

“He {Boyle} backed away from the officers, moved towards the front door of the residence, and put his hands in his pockets,” the report reads. “Corporal Corey told Mr. Boyle to take his hands out of his pockets, at which point Mr. Boyle immediately turned and began opening the front door. Corporal Corey grabbed him to prevent him from going inside the trailer, where Mr. Boyle’s son had reported his father had access to firearms. At that point, a physical altercation occurred, within the confined space of the residences’ fenced-in front yard, between Corporal Corey, Officer Alvarez, and Mr. Boyle. During that altercation, Corporal Corey pushed Mr. Boyle, who fell on top of Mrs. Boyle, all within the confined space. At the same time, the family’s pit bull was able to escape the residence as Mr. Boyle was attempting to open the front door, and attacked Officer Alvarez, pulling him to the ground, and biting him in the face and arm. Officer Alvarez broke free from the pit bull, and while still on the ground, retrieved his service weapon. He shot the dog four times, killing it.”

After the dog had been shot, the second officer held the suspect at gunpoint and warned him, “I will shoot you if you come at us again,” according to the report.

“Mr. Boyle stood up and began to move toward Officer Alvarez and the front door of his residence,” the report reads. “Officer Alvarez had holstered his service weapon and drew his taser on Mr. Boyle. After warning Mr. Boyle that he would use deadly force, Corporal Corey issued three commands for Mr. Boyle to “stop,” which Mr. Boyle ignored.”

A taser was deployed on Boyle in his chest area, but it seemed to have no effect, according to the arrest papers. That’s when Corporal Corey fired his gun, hitting Boyle in the back two times. Officers rendered aid on Boyle until paramedics arrived.

According to an autopsy report, Boyle had meth in his system at the time of his death.

Shortly after the DA’s findings were released, the attorney for Boyle’s wife and estate announced that the family had filed a complaint in the case against the City of Fountain and Officers Corey and Alvarez. In the civil complaint, they request that the case goes before a jury.