Man who killed 12-year-old Elias Armstrong warned police he would "Pull a gun"
The man who shot and killed a 12-year-old boy in February for allegedly stealing the man's car told Denver police in advance he was armed, was tracking his car, planned to intercept it, and said he would pull a gun on the car thief.
The information is contained in a Denver police search warrant affidavit related to the case, obtained last week by CBS News Colorado.
The incident occurred on Feb. 5 when thieves stole the man's 2016 Audi Q3 from 8390 East Northfield Blvd. According to the affidavit, the 35-year-old man used a GPS tracker to see where the vehicle was headed. He called Denver police just before 6 p.m. to report the stolen car and "became agitated," according to the document. The vehicle owner "made threats to protect his property with a weapon and stated he would pull a gun on the suspect," according to the affidavit. The man continued to track the car according to police and got a gun and followed the stolen car.
The man called Denver police again about an hour later and "said he reported his vehicle stolen earlier and 'you guys' would not stop it earlier, so he was going to stop it right now." He told a police dispatcher he had two weapons. Moments later, gunshots could be heard in the background of the phone call and the car owner said, "He shot at me and I returned fire."
Police arrived at about 10th and Federal and found Elias Armstrong in the driver's seat of the stolen vehicle. He was transported to a hospital where he later died.
Two other unidentified parties were seen running from the area, according to police. The vehicle owner remained on the scene.
Police said they found an "empty glock magazine" in the stolen car along with a "Bouncie" tracker.
The Denver District Attorney's Office announced they would not file criminal charges against the man who shot Armstrong, with prosecutors saying they did not believe they could prove his guilt beyond a reasonable doubt.
CBS News Colorado is not identifying the man since he is not being charged with a crime.
Court records show the man's only previous arrests in Colorado were for traffic incidents.
