Commerce City officers cleared in fatal shooting of Kansas man

Adams County’s district attorney on Thursday declined to file charges against four Commerce City police officers who shot and killed a 63-year-old Kansas man in February who refused to put down his weapon after a car chase.

On Feb. 14, police responded after a woman called 911 to report that her ex-husband had fired two shots at her as she fled from her house in the 11000 block of  Iola Street in Henderson, investigators said. The shots missed the woman.

Police soon located the ex-husband, David Heeke, near 104th Avenue and Potomac Street and attempted to perform a traffic stop. Investigators said Heeke refused to stop, leading police on a chase until he slammed his truck into another car.

Officers then asked Heeke to show his hands, which he refused to do, according to a letter from 17th Judicial District Attorney Dave Young that explains his decision not to charge the officers.

Heeke told officers he had a gun but refused to drop it when ordered.

Heeke responded, “That’s not gonna happen,” the letter said.

As officers continued to yell for him to drop the gun, body camera footage shows Heeke rapidly raise his right hand toward the officers. Four officers then opened fire, killing Heeke.

Police found the handgun next to his body, Young’s decision letter said.

An autopsy found Heeke had a blood-alcohol reading of .256 at the time of his death, more than three times the legal limit.

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