Denver police officers cleared in deadly shooting of man who charged officer with felt marker

Two Denver police officers -- one who shot a taser, the other who fired her gun -- at a man in August, have been cleared in a shooting. The suspect, 36-year-old Brandon Cole, died as a result of the gunshot wounds.

Officers who responded to a call of domestic violence, as well as at least one witness, said they thought Cole was holding a knife. When he charged at a Denver officer, she shot him twice. He was later pronounced dead at the hospital. What he was holding turned out to be a felt marker.

RELATED: Denver police officer fatally shot a man she thought held a knife. It was a marker

Denver District Attorney Beth McCann announced Wednesday that she was not filing criminal charges against Denver Police Officer Audrey McAndrews or Officer Steven Watson, saying she believes the officers felt they were in danger of serious injury from what they thought was a knife.

"After carefully reviewing all the evidence in the case, I believe that Officer Watson's use of force by the Taser and that Officer McAndrews's use of deadly force were both justified based on Colorado law. Therefore, no criminal charges will be filed against either officer," McCann said in a statement.

The shooting itself occurred just after 8 p.m. on Aug. 5 near West Cedar Avenue and South Yuma Street. The Denver Police Department released graphic bodycam footage of the shooting, which was used in the District Attorney's Office's investigation.

After arriving, Cole's wife pleads with McAndrews, "Don't pull your gun out on my husband." McAndrews asks the woman, who's sitting on the ground next to a wheelchair, "Do you need EMS?" Cole's wife responds saying, "I just need an ambulance." She then pleads with her husband, shouting, "Stop!" Cole is heard shouting "F**k that! Let's go!"

Investigators also spoke to witnesses, at least one of whom said they thought Cole was armed with a knife, according to a decision letter from the DA's Office.

Both officers at the scene were also interviewed by investigators. McAndrews described the moments just before shooting Cole.

"I know I said his name... because the minute he heard his name, or the minute I spoke, he turned his attention towards me and starts sprinting towards me," McAndrews told investigators. "He just lunges at me with the knife in his hand. ... And, I thought he was going to stab me, so I discharged my firearm."

She said she thought that not only would Cole stab her, but overpower her and take her gun, she told investigators.

One woman who was at the scene with her great-grandson said she was "in the line of fire" when the shooting happened. Bodycam footage shows McAndrews telling the woman and boy to "move." That woman and her great-grandson were standing behind Cole when McAndrews shot him.

In total, McAndrews was at the scene for about 45 seconds before shooting Cole.

A subsequent autopsy showed Cole had a blood alcohol level of .255. His 13-year-old son told investigators that his parents were drinking earlier in the day and that when his dad drank, he'd get angry, the decision letter from the DA's Office said. Cole had also been suicidal in the past and allegedly said he was going to "die tonight," his son told investigators.

"That man was a good man. He didn't deserve to be killed," Brandon Cole's wife Ebony Cole told the Associated Press in August. "They didn't have to kill him."

Attempts to reach Ebony Cole by phone on Wednesday were unsuccessful.

"I appreciate DA McCann having a conversation with me about the killing of Brandon, a loving father of three children," Bobby DiCello, an attorney representing Brandon Cole's family, said in a statement. "Dialogue with law enforcement is a crucial approach to effectively addressing the systemic issue of unarmed men in America being tragically killed during police encounters. Brandon suffered from epilepsy, which made it difficult for him to move. However, Denver police never took the time to de-escalate the situation that led to the tragic death of an innocent Black man."