The fatal shooting by a Colorado Springs police officer of a man wanted for a parole violation in Idaho was within guidelines and justified, according to a review by the 4th Judicial District Attorney's Office.
U.S. Marshals tracked Benjamin Annaboli, 37, to the Days Inn Hotel on Aeroplaza Drive on Aug. 17, 2023, according to a news release from the District Attorney's office, before a confrontation in the hotel's parking lot.
Annaboli was also wanted on alleged felony menacing with a weapon after an incident with sheriff's deputies in Jefferson County.
Officers confronted Annaboli by boxing in his vehicle with patrol cars, the release said. Annaboli retrieved two firearms from his own vehicle, running toward the north side of the hotel and the position of Colorado Springs officer Brian Kelly and K9 Zev.
The K9 bit Annaboli after he tried running away from Kelly, according to the news release. Annaboli then brandished one of the firearms at officer Matthew Waters.
Waters brought up his rifle but decided not to shoot due to a U.S. Marshal and civilians standing nearby. The release said Waters and Kelly repositioned and then fired at Annaboli, striking him multiple times.
Annaboli was transported to Memorial Hospital Central, where he later died.
The DA investigation revealed that Waters but not Kelly had his body-worn camera activated for the incident. BWC and unmanned aerial drone footage of the incident was released in September 2023.
The El Paso County Sheriff's Office completed the investigation into the shooting, then turned findings over to the District Attorney's Office for a disposition.
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