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Officers Cleared In Shooting Of Suspect, Bystanders

DA's Investigation Into Ha Noi Restaurant Shooting Closed

POSTED: 5:09 pm MST January 17, 2008
UPDATED: 10:08 am MST January 18, 2008

The Denver district attorney has cleared two police officers who shot and wounded a suspected robber and three bystanders during a botched holdup at a Vietnamese restaurant.

Police said Sgt. John Pinder and Detective Jesse Avendano each fired six shots inside the Ha Noi Restaurant on Nov. 14.

Prosecutors said one of the wounded, Phuong Van Dang, had pointed a shotgun at customers and demanded money. His alleged robbery was foiled by two undercover officers who happened to be eating there.

One officer was treated for glass in his eye. A father, mother and son eating at the restaurant were hit by the officers' gunfire.

"The actions of the armed assailant, Dang, quickly reduced the officers' options to one. Their only reasonable available option under the facts of this case was to use their service pistols to control the deadly threat posed by Dang. Electing to employ a less than optimum or an ineffective response in these circumstances could heighten the risk to everyone," District Attorney Mitch Morrissey said in his decision letter.

"Under the facts of this case, we could not prove beyond a reasonable doubt that it was unreasonable for Sgt. Pinder and Detective Avendano to fire the shots that wounded Dang and inadvertently wounded the three patrons who were having lunch at the restaurant. Therefore, no criminal charges are fileable against either officer for their conduct in this incident," he concluded.

Dang faces 36 felony counts related to the attempted robbery, including first-degree assault on a peace officer, first-degree assault, menacing, attempted aggravated robbery and possession of a weapon by a previous offender.

To read the full decision, click here.


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