Death by Cop 2021-2025
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Javier Nava-Carbajal
Age : 48
Gender : Male
Race : Latino/a/e
Date : 08/22/2025
Location : 4900 block of East Donald Avenue
City : Denver
County : Denver
State : Colorado
Agency : Denver Police Department
Officer(s) :Whaylen Phares
Cause of Death : Gunshot
Event : Killed by police when seen with replica
OPEN RECORDS SUMMARY :
On 08/22/2025, shortly after 4 a.m., Denver police officers responded to an apartment complex in the 4900 block of East Donald Avenue after dispatchers received a report of gunshots. While officers were traveling to the location, police received a second 911 call reporting domestic violence at the same complex. The man involved was subsequently identified as 48-year-old Javier Nava-Carbajal.
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Three Denver police officers arrived at approximately 4:05 a.m. An officer saw a young woman running from the apartment complex with Nava-Carbajal following her. When police approached, Nava-Carbajal turned and ran. Officers pursued him on foot.
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Officers caught Nava-Carbajal and attempted to take him into custody. During the struggle, police alleged that Nava-Carbajal resisted the officers and reached toward one officer's holstered handgun. Police also saw what appeared to be a revolver in Nava-Carbajal's possession.
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During the struggle, Nava-Carbajal told police that the weapon he was carrying was not real. Officers nevertheless believed the weapon was a functioning firearm. Police alleged that Nava-Carbajal pointed it toward officers while simultaneously attempting to gain control of an officer's handgun. Officer Whaylen Phares then fired at Nava-Carbajal.
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Phares fired multiple rounds, striking Nava-Carbajal. Officers attempted emergency medical treatment, and Nava-Carbajal was transported to Denver Health Medical Center, where he died.
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Investigators subsequently determined that the object Nava-Carbajal had been holding was not a conventional firearm. It was a CO2-powered pellet-gun replica of a revolver. However, someone had loaded six live 9mm cartridges into the replica. Denver police said the pellet gun was incapable of firing those cartridges.
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Denver police released body-camera footage and additional details in September 2025. The footage documented the officers' arrival, foot pursuit, physical struggle and shooting and established that Nava-Carbajal had said the weapon was not real during the confrontation.
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The Denver District Attorney's Office conducted an independent criminal review. On 11/17/2025, District Attorney John Walsh concluded that Phares's use of deadly force was legally justified and declined to prosecute him.
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OFFICER BACKGROUND
Denver Police Officer Whaylen Phares fired the shots that killed Javier Nava-Carbajal. Two additional Denver officers were directly involved in the attempted arrest but did not fire.
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The Denver District Attorney's Office specifically examined Phares's actions and concluded in November 2025 that criminal charges were not warranted. The review focused on Phares's perception that Nava-Carbajal had a firearm while simultaneously attempting to obtain another officer's holstered handgun.
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The shooting occurred against a broader background of substantial use-of-force litigation involving the Denver Police Department. In October 2025, a federal jury awarded six bystanders approximately $19.75 million over injuries caused by former Denver officer Brandon Ramos during a separate 2022 police shooting in Lower Downtown. Ramos had previously pleaded guilty to misdemeanor assault and left the department. That litigation did not involve Phares or Nava-Carbajal.
SOURCE LINKS :
https://www.9news.com/article/news/local/denver-police-bodycam-fatal-shooting-replica-gun/73-0b6f10f0-8613-4c01-8f48-1c16b30739a0
https://denverpost.com/2025/08/23/denver-police-shooting-domestic-violence-east-donald-avenue/
https://kdvr.com/news/local/denver-police-shooting-east-donald-avenue/
https://www.denvergazette.com/2025/08/22/man-dead-after-officer-involved-shooting-in-southeast-denver-friday-morning-6725907a-3e4c-4cc1-8795-20f77376ac60/
https://www.denvergazette.com/2025/09/04/denver-police-shot-two-men-holding-non-lethal-guns-in-span-of-days-bfa06ae7-ebc9-42c6-838c-4556615dc4b7/
https://denverite.com/2025/09/04/denver-officers-off-line-of-duty-after-police-shootings/
https://www.denvergazette.com/2025/11/18/denver-police-officer-found-justified-in-fatal-shooting-of-man-with-pellet-gun/
https://denverite.com/2025/11/18/denver-police-officer-not-charged-fatal-shooting/
