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Benjamin Annaboli

Age : 37

Gender : Male

Race : White

Date : 08/17/2023

Location : Days Inn, 1780 Aeroplaza Drive

City : Colorado Springs

County : El Paso

State : Colorado

Agency : Colorado Springs Police Department; U.S. Marshals Service; Colorado Department of Corrections Division of Parole

Officer(s) :Brian Kelly; Matthew Waters

Cause of Death : Gunshot

Event : Killed by police during arrest

OPEN RECORDS SUMMARY :

On 08/17/2023, at approximately 11:30 a.m., U.S. Marshals located 37-year-old Benjamin Annaboli at the Days Inn in the 1700 block of Aeroplaza Drive in Colorado Springs. Annaboli was wanted for an Idaho parole violation and separately on a Colorado warrant for felony menacing with a weapon arising from an encounter with Jefferson County sheriff’s deputies. The Marshals requested assistance from the Colorado Springs Police Department Tactical Enforcement Unit to arrest him.
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Officers established containment around the hotel after locating Annaboli near his vehicle in the parking lot. When police moved in to arrest him, Annaboli attempted to drive away but was blocked by police vehicles. He then got out and ran toward the hotel entrance.
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According to the subsequent District Attorney investigation, Annaboli retrieved two handguns from his vehicle and ran toward the hotel carrying both weapons. Officer Brian Kelly ordered Annaboli to stop and released his police dog, Zev. The dog caught Annaboli, who dropped one of the guns during the encounter.
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Police alleged that Annaboli retained the second handgun and pointed it toward Officer Matthew Waters. Waters initially raised his rifle but did not fire because a U.S. Marshal and civilians were positioned near the hotel entrance. Kelly and Waters repositioned themselves before both officers opened fire on Annaboli.
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Police gunfire struck Annaboli multiple times. Officers took him into custody and provided medical treatment before he was transported to Memorial Hospital Central, where he died from his gunshot wounds. Investigators recovered two handguns at the shooting scene.
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The El Paso County Sheriff’s Office conducted the independent investigation and submitted its findings to the Fourth Judicial District Attorney’s Office. On 04/15/2024, the District Attorney announced that Kelly and Waters would not face criminal charges, concluding that their use of deadly force was legally justified.
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Body-camera and aerial drone video documented the confrontation. Waters had activated his body-worn camera, while Kelly did not have his body-worn camera activated during the shooting.
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OFFICER BACKGROUND:
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Brian Kelly was a Colorado Springs Police Department canine officer assigned to the Specialized Enforcement Division and had approximately 22 years with the department when he killed Annaboli. Matthew Waters was a tactical officer in the same division and had approximately 11 years with CSPD.
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Kelly had previously been named in federal civil-rights litigation arising from the February 27, 2019 arrest of John Mullins. Mullins alleged that Kelly and other CSPD officers violated his Fourth Amendment rights during an arrest in which Mullins suffered severe injuries from a police dog. A federal judge allowed portions of Mullins’ civil-rights action to proceed beyond the defendants’ motion to dismiss.
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Kelly was also sued in federal court by Lawrence T. Johnson over allegations of excessive force during an arrest. Colorado Springs’ own litigation reports identify Kelly as a defendant and describe Johnson’s claim as excessive force and violation of his Fourth Amendment rights while being taken into custody.
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In 2024, Kelly and Waters were publicly recognized for their actions during the Annaboli encounter at the annual Pikes Peak Region Peace Officers’ Memorial Foundation Medal of Valor ceremony.

SOURCE LINKS :

https://www.fox21news.com/news/officer-involved-shooting-in-southeast-colorado-springs/
https://www.kktv.com/2023/09/06/warning-graphic-colorado-springs-police-release-video-detailing-deadly-shooting-aug-17-2023/
https://www.kktv.com/2023/08/22/suspect-deadly-officer-involved-shooting-colorado-springs-aug-17-identified/
https://www.koaa.com/news/crime/officers-found-justified-for-deadly-use-of-force-in-august-2023-shooting
https://irp.cdn-website.com/cb5ff9a3/files/uploaded/DAO%20Press%20Release%202024-004.pdf
https://www.govinfo.gov/content/pkg/USCOURTS-cod-1_21-cv-00589/pdf/USCOURTS-cod-1_21-cv-00589-0.pdf
https://coloradosprings.gov/system/files/2024-08/qr03-august2024.pdf