DA Rourke clears two Eaton officers in September shooting

Published on November 12, 2021

Weld County District Attorney

GREELEY, Colo. (Weld County D.A.) – On Wednesday, Weld District Attorney Michael Rourke issued a letter and report to Eaton Police Chief Kevin Sturch in regard to the officer involved shooting of Levi Miller on September 24, 2021.

The 19th Judicial District Critical Incident Response Team (CIRT) conducted the investigation which was provided to the District Attorney’s Office.

Based on the thorough CIRT investigation, DA Rourke has determined two officers are legally justified in discharging their firearms at Miller during the incident.

Miller is charged with:

COUNT 1: CRIMINAL ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE

COUNT 2: CRIMINAL ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE

COUNT 3: ASSAULT IN THE FIRST DEGREE

COUNT 4: ASSAULT IN THE FIRST DEGREE

COUNT 5: CRIME OF VIOLENCE

COUNT 6: CRIMINAL ATTEMPT TO COMMIT MANSLAUGHTER

COUNT 7: CRIMINAL ATTEMPT TO COMMIT MANSLAUGHTER

A disposition hearing has been scheduled for December 21st at 4:00 p.m. in Division 12.

Because there is a pending prosecution, the full letter and report will not be released at this time.