Man killed in shootout with police at Denver park had 400 rounds of ammunition
Newly released information from an investigation into a fatal police shooting revealed the man who was killed after firing five shots at officers had the ability to fire at them more than 400 times.
Joshua T. Mitchell exchanged gunfire with police on Nov. 20, 2023 at Commons Park northwest of downtown Denver. From his seat on a park bench, Mitchell fired five shots at officers taking cover behind their vehicles on a hill in front of him. Three of those bullets sailed past the officers and struck an apartment building behind them. Two apartments were damaged but no one was injured.
Meanwhile, two officers returned fire. Mitchell was killed by three shots from one of those officers.
Wednesday, the Denver District Attorney's Officer announced its decision Wednesday which cleared Denver Police Department Officer John Allred of any criminal charges as a result of his gunfire that killed Mitchell.
Mitchell's adopted mother told CBS News Colorado that Mitchell suffered from mental illness since he was a child. He was abandoned by his biological parents who left him in an Oregon field at seven months of age. He was discovered starving and in poor health.
He recovered physically, but never recovered emotionally.
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"I never saw anything in him that he would be capable of mass murder," Julie Martindale of Illinois said. "I don't know what he was thinking, but I don't believe he would fire on civilians. He didn't. When he fired on the police, he wanted to end it. That's my theory."
According to the DA's Office's investigation, 911 callers first reported a man making racial comments -- "You're not 100% white," he allegedly said to one of them -- while walking with a rifle under a blanket.
DPD officers found Mitchell seated on the bench and parked their vehicles approximately 130 feet away from him. Allred was to Mitchell's south. Off. Pablo Carrera and a police cadet parked on the hillside to Mitchell's east, facing him. Allred, according to his bodycam video, yelled the first commands at Mitchell to drop his weapon.
Mitchell fired his first shot at Carrera and the cadet two seconds later.
Both Allred and Carrera returned fire with their AR-style rifles.
The firefight lasted three seconds.
"He started firing. And at that second, you know ... I thought he was going to kill those officers," Allred later told investigators. "I thought: What if he starts? I knew that that was an AK-47-style rifle. I could see that. I knew from my experience in the military that that's what that was. And I know how dangerous they are."
"I had my red dot on him when he opened up. So, he fired first. And I fired," Allred said.
Officers approached Mitchell after the shooting and found a Romarm Model WASR-10 rifle lying on a blanket at his feet. That gun is a Romanian-made version of an AK-47; a semi-automatic rifle.
One round was still chambered in Mitchell's gun while 33 bullets remained in the magazine. Under his jacket, Mitchell was wearing a tactical vest. The pouches inside the vest contained eight 30-round magazines. A blue bag next to Mitchell contained four more of the same, and a 10-round magazine was in his cargo pants pocket.
"In all, Mitchell was carrying over 400 bullets for his rifle," as stated in the report.
Mitchell was hit by Allred's bullets in the cheek, neck and chest. He died at the scene.
"After a thorough review of all the evidence in the case, I believe that the use of force by Officer Carrera and Officer Allred was justified based on Colorado law regarding self-defense. Therefore, no criminal charges will be filed against either of the officers," stated Denver DA Beth McCann.
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A spokesperson from the Denver Police Department said its investigators were unable to determine a motive for Mitchell's actions.
A Denver-based friend of Mitchell, however, told CBS News Colorado that Mitchell saw the confrontation with police as a way to end his life.
"I believe he was incredibly tired of white-knuckling it," the friend, who wished to remain anonymous, said.
Martindale, Mitchell's adopted mother, said their adopted family was Mitchell's fourth. The previous failures were like deaths of parents to Mitchell, and by the time he reached them, "the damage had been done."
Mitchell began counseling at the age of 6.
"He never got better," Martindale said. "When he hit puberty, the roof blew off."
Mitchell was placed in a residential boys home for the protection of the Martindale's other adopted children.
"When a baby cries over and over, a parent (normally) comes and takes care of them," Martindale said. "When a baby continues to cry and nobody comes, they quit crying. That's the ultimate in feeling unloved."
That early sequence of emotional traumas produced an attachment disorder which Mitchell was never overcame, Martindale hypothesized. Mitchell ended relationships, even positive ones, sometimes "emotionally violently," she said. He abandoned them before he could be abandoned by them, pushing them away to protect himself.
"He was such a sensitive soul, which is why I believe he was so deeply hurt by his first couple years of life," Martindale said. "He deeply wanted to change his life. But he was never able to sustain it, and he hated himself for it. He was angry and broken that he just couldn't be normal."
Mitchell was 42 years old when he died.
The Denver District Attorney's Office will hold a virtual community meeting to discuss the shooting incident, the investigation, and the office's conclusions. The meeting will be held virtually on Tuesday, April 9 at 5:30 p.m. The public is invited to attend by clicking here.
