Officers’ use of force justified in Aeroplaza shooting

(COLORADO SPRINGS) — After an investigation and review by the 4th Judicial District Attorney’s (DA) Office, the use of deadly force by officers in the shooting death of 37-year-old Benjamin Annaboli in the parking lot of a Colorado Springs hotel in August 2023 has been ruled justified.

The incident occurred at around 11:30 a.m. on Aug. 12, 2023, after U.S. Marshals tracked down Annaboli at the Days Inn on Aeroplaza Drive near East Fountain Boulevard. According to the DA’s Office, Annaboli was wanted for a parole violation out of Idaho, as well as for a separate Felony Menacing incident with deputies in Jefferson County, Colorado.

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The DA’s Office said U.S. Marshals were aware that Annaboli had a criminal history including robbery, assault, and drug possession. Due to this history, and with the knowledge that Annaboli was likely armed and motivated to escape capture, containment was established by Marshals with the help of the Colorado Springs Police Department’s (CSPD) Tactical Enforcement Unit (TEU).

According to the facts of the investigation, which were corroborated using officer body-worn camera footage, hotel surveillance, and drove footage captured during the incident, once officers blocked Annaboli’s car and announced themselves, Annaboli retrieved two guns from his car and ran from officers. Once he reached the north side of the hotel, he was confronted by CSPD Officer Brian Kelly and K9 Zev.

According to the DA’s review, Officer Kelley announced himself and his K9 and ordered Annaboli to stop, however, Annaboli turned and ran back toward the entrance of the hotel, where a U.S. Marshal was stationed to protect people inside the hotel. K9 Zev was released and latched on to Annaboli’s backside, the DA’s Office said. Once contacted by K9 Zev, Annaboli lost hold of one of his guns but managed to aim the one in his right hand at TEU Officer Matthew Waters.

Upon realizing that neither of them had a clear shot to safely avoid the U.S. Marshal, Officer Kelly and Officer Waters both repositioned to ensure no other officers or bystanders would be in danger. Once repositioned, both fired their weapons at Annaboli, hitting and incapacitating him.

Officers provided medical aid to Annaboli immediately before transporting him to the hospital, where he later died of his injuries.

On Monday, April 15, the DA’s Office released its findings after reviewing the case.

“This was a homicide, but the use of deadly physical force by Officer Brian Kelly and Officer Matthew Waters was justified,” the DA’s Office ruled.

The DA’s Office said the use of force was justified because officers on the scene feared for their own lives and the lives of innocent community members, and non-lethal methods of stopping Annaboli, including K9 Zev, had failed. Additionally, officers did not fire until it was clear that Annaboli was still attempting to aim a weapon at an officer after being contacted by the K9.

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