DA Finds Colorado Springs Officers' February Shooting of Suspect Was Justified
The Fourth Judicial District Attorney concluded officers reasonably perceived an immediate threat after the suspect fired at an officer during a multi‑agency fugitive operation.
Overview
- The DA's formal review says that on Feb. 2, 2026 officers attempting contact with Michael Foster exchanged gunfire after Foster ran into an enclosed area and shot at Officer Daniel Mork, who was wounded in the leg.
- Officer Steven Milbert then intervened, kicked Foster's gun away, chased and pushed Foster to the ground, and fired five shots after Foster grabbed for Milbert's handgun, striking Foster several times.
- Michael Foster was taken to a hospital, treated and released into El Paso County custody and is charged with attempted murder of a peace officer, first‑degree assault on a peace officer, two counts of resisting arrest, and possession of a weapon by a previous offender.
- The DA based its decision on officer statements, body‑worn camera footage and other investigative materials and concluded the officers had reasonable grounds to believe there was an imminent threat and therefore no criminal charges would be filed against them.
- The shooting occurred during an operation with U.S. Marshals and the Department of Corrections Fugitive Apprehension Unit that was searching for a different suspect who was later found to have already been arrested, and the DA's ruling does not preclude separate administrative reviews or civil actions that could follow.