Colorado state trooper who killed gunman after being "ambushed" cleared of criminal wrongdoing
A Colorado state trooper who was shot at while pulled over on the side of U.S. Highway 36 in September has been cleared of any criminal wrongdoing by the 17th Judicial District Attorney's Office.
17th Judicial DA Brian Mason issued a decision letter on Thursday that found that Colorado State Patrol Cpl. Tye Simcox was legally justified in shooting Victor Anthony De Santiago on the side of the highway near Federal Boulevard on Sept. 7, 2024, characterizing the trooper's actions as "clearly done in self-defense."
"I find that Corporal Simcox's actions in this incident were legally justified in every way," Mason concluded in Wednesday's decision letter.
Santiago, 32, was shot and killed just after 1 p.m. that day in Westminster after body camera and dashcam footage showed him firing multiple rounds at Simcox, who returned fire with his department-issued rifle, despite being shot in his right arm.
Investigators believe Simcox was targeted while he was pulled over between two concrete barriers in his marked CSP vehicle. Santiago was traveling east and fired multiple rounds from a handgun into Simcox's patrol car. He then pulled over and continued firing at Simcox, an investigation found.
"Santiago drove alongside Corporal Simcox's vehicle and then, with no warning or provocation, repeatedly fired a gun at Corporal Simcox, ambushing him. Corporal Simcox was struck in the arm and only then returned fire at Victor De Santiago to save his own life and the lives of citizens in the area," Mason wrote.
"I find Corporal Simcox's actions not only to be reasonable and justified, but courageous and heroic as well. In the face of incomprehensible danger, Corporal Simcox acted with poise, heroism and determination, defending his own life after injury from an assassin's bullet," Mason continued. "He likely saved countless other lives that day, too, as every single person on that highway was put at risk by the suspect's murderous conduct."
