AURORA | An Aurora police SWAT officer who shot and killed an unarmed black man last spring — a shooting that sparked protests across the city — will not face criminal charges, prosecutors announced Wednesday morning.

Paul Jerothe

According to a report from Jefferson County District Attorney Peter Weir released Wednesday morning, Officer Paul Jerothe shot and killed Naeschylus Vinzant on March 6 when Vinzant appeared to reach for a weapon in his pocket. Police later learned Vinzant — who was wanted on  kidnapping, escape and other charges — was unarmed.

Jerothe was 10 to 15 feet away from Vinzant when he fired, the report said. Several other officers were on the scene and none of them fired their weapons.

The report said Jerothe, a nine-year APD veteran, believed Vinzant was going make good on statements he made to police in 2013 that he would  shoot it out with officers rather than go back to prison.

“Officer Jerothe believed that Mr. Vinzant was going to shoot. Officer Jerothe testified he thought he was going to be killed,” the report said.

Vinzant was standing with his left hand holding a cell phone to his ear — though phone records indicate he was not actually making a call — and his right hand in his pocket when he was shot, the report said. Jerothe testified Vinzant jerked his right arm back, and other officers testified the jerking motion was similar to a person pulling  a gun, not someone raising their hands to surrender, the report said.

Jerothe then fired one shot from his M-4 rifle, striking Vinzant in the chest. He later died at a local hospital.

After officers found only a set of keys in Vinzant’s pocket and not a gun, Jerothe testified that he “kind of locked up,” the report said.

“Officer Jerothe had been absolutely convinced he was about to be shot and killed and other officers placed in jeopardy of being shot unless he acted first,” the report continued. “Upon seeing no weapon he became emotionally upset. Officer Jerothe has no memory of what he said to anyone immediately after the shooting.”

In a statement Wednesday afternoon, Qusair Mohamedbhai and Siddhartha Rathod, lawyers for Vinzant’s family said the family was disappointed by the decision.

They said Vinzant, who also went by the name Naeschylus Carter, was “was a beloved member of his family who did not deserve to die how or when he did. The family continues to mourn Naeschylus’s death, seek justice, and hold hope that this tragedy can somehow result in positive change for the community.”

The statement also linked Vincent’s death to several other high-profile killings of black men by police officers.

“The tragic deaths of individuals like Michael Brown, Eric Garner, and Tamir Rice have shed light on the deeply rooted problem of unchecked police abuse that is so prevalent in minority communities,” the statement said.

In a press conference discussing the report Wednesday, Aurora Police Chief Nick Metz said the department will now relaunch an internal investigation into the case. That investigation was put on hold pending the outcome of the grand jury’s investigation, Metz said. Pending the outcome of that investigation, which could take several weeks to complete, Metz said Jerothe will remain in a “non-enforcement” position in the department and won’t return to the SWAT Team where he works as a medic.

Metz said the department reached out to community leaders Wednesday morning to inform of the grand jury’s decision and they will work closely with various community groups in hopes of quelling any unrest similar to what has broken out following similar cases in other jurisdictions.

“They felt like they were kept in the loop,” Metz said.

PORTIONS OF THE JEFFERSON COUNTY GRAND JURY REPORT:

Apparently realizing this avenue of escape was blocked, Mr. Vinzant stopped. He was on the sidewalk between the two police vehicles parked in the street. Mr. Vinzant began to twist his body back around toward the north but had not started turning his feet. As Mr. Vinzant did so, his torso rotated to face Officer Jerothe who had taken a position in the street near the rear of his vehicle. Officer Jerothe was on the driver’s side in the open space between the Yukon and the F-150. Mr. Vinzant and Officer Jerothe were approximately 10-15 feet apart. A house with a lawn covered with snow was behind Mr. Vinzant and he could not run south in that direction. All of his escape routes were blocked. He lowered his body into what appeared to be an athletic posture or fighting stance.

With a sudden, jerking movement Mr. Vinzant moved his right arm as iftrying to take it out of his pocket while holding something. It looked to the officers that Mr. Vinzant was removing something from his right pocket. One officer described this movement as if his hand got hung up on something trying to get an item out. Another said it was very similar to the motion of drawing a pistol from a holster, with the elbow coming straight up and back a little bit.

Officer Jerothe fired his rifle once, striking Mr. Vinzant in the chest, penetrating his lung and severing his spinal cord, resulting in Mr. Vinzant’s death. No other officers fired. At the time of the shooting neither of the officers carrying less lethal weapons was in a position to use them. 

PDF: Final Vinzant Report from Jeffco Grand Jury

66 replies on “Jeffco grand jury: No indictment for Aurora officer who killed unarmed black man”

        1. For a majority of the shootings that have occurred between cops and blacks…there is one common factor…the people being shot are straight up thug criminals…thanks to all the cops protecting us from those “poor innocent thugs”

          5. Actually, quite well thank you. But, you, being a grown up and all, should have been taught long ago, that when you use ‘your’, or ‘you’re’, they have different meanings.

          6. You might want to back that statement back. I can name at least 3 that were nowhere near criminal, 1 a 55 black women, who probably never broke the law in her life. And at least 2 college students. But don’t let you your racism blind you to the truth!

          7. He didn’t say “all of them,” he said “there are.” I’m with you: the 55yo woman was most certainly NOT.

          9. I believe you are mistaking, intentional and unintentional. Since that 55 year old woman was not intentional, and charges should be pressed since it is always taught, your target and whats beyond your target. So you can scrub that one from your rant. Now the two college students, i’m pretty sure there was reason.

          14. That’s classic victim blaming. The police aren’t hired or, empowered to be street judges. They are suppose to use the minimum amount of force to effect an arrest and to act professionally in every situation. Too often, the “thug” narrative comes out in the media when a person is wrongfully gunned down by the police and they are seeking to spin the news cycle in their favor.

          15. Then I hope you never have to face someone who has just threatened your life, your tenant’s life, and the xxxxx across the street, whose husband was away in Army, learning to work on Patton tanks. I had that experience, and his exact words were “I am going to kill you, and your neighbor and that xxxxx”. Two male police came, and separated us for our report. Mine said to me “you have to learn to live with these people”. When my tenant demanded a supervisor appear, through relative who worked for Aurora police, a young, female, black police Sgt. came to my house, sat on my couch, and took my report. And 2 months later in Aurora Municipal Court, her report was accurate. The Black 26 years old who threatened the 3 of us, was told in plain words, not to have any connection to me, or he would spend 60 days in jail under peace bond he had just violated, then would be brought back to determine how much more time he would spend. The guy who threatened us was our neighborhood drug dealer, arrested 15 times in 4 years, 3 times by mother’s complaint, but they moved -selling house. Not that many years ago, but I learned later, he did his bit somewhere in metro area, and was killed. But he kept our blocks under tension for 4 years, only peace was the periods he was in jail.
            So there are unarmed blacks, whites, browns, and somewhere probably polka-dotted thugs who deserve killing to clean the DNA gene pool. This guy had 6 small children, by 4 young women he had not married during time he lived on our block. Police knew him well, and had been to that house many times in that 4 years, not finding him at many of those.
            —-Just saying, and I don’t need any one jumping my case about it. BUT THERE WAS NO DOUBT, HE AND I WAS GOING TO HAVE PROBLEMS AFTER THAT. Issue that night was his young kids, visiting grandmother, had broken into the storage shed in back of the Army wife’s house, and stolen stuff for 4th or 5th time, and she was crying, while talking to us, when he came up street, yelling to bring all neighbors out into yards. And all heard him yell, he was going to kill us.
            —–This was few years ago, but still very much in my mind, of being threatened while on my own property, by uncontrollable thug.

      2. if the unarmed pretend to have a weapon you cannot wait for them to shoot first in a hostile quick response situation.

        1. True. But some of these shootings this year are just blatant. SWAT guy, one shot (he maybe that good), other officers 16+ shoot while victims (not assailants ) have gone past the point of being a threat.

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  3. The only descriptor that matters here is one word: black . That explains why it happened. As far as getting away with murder, there’s only one word needed to describe that: cop

      1. I wonder if black cops were killing white kids, if they would be getting away with it? Nope! I know of 2 examples where cops, 1 a federal officer were charged and convicted, for shooting white kids, in fear for their lives!

        1. White kids don’t commit a massively disproportionate rate of violent crime. If the cops were just racist they would also be gunning down Asians, Jews, etc. but they aren’t are they. Ever ask yourself why?

          1. No I don’t think Blacks do “ask themselves why”! It seems that they must protect the tribe, no matter the circumstances.

          2. Neither do Black’s according to verifiable crime stats. You should stop listening to faux news.

    1. A more accurate statement would be “acting uncivilized” is a capital offense. I support law enforcement, not street trash, black or white!

  9. What is it about “threatening move” that is misunderstood here? Do some here think a police officer has to see a weapon first that may be drawn by a fast movement toward a pocket? By the time the officer may be able to identify it as a gun, he could be already be shot and thus not be able go home to his family. The suspect? He put himself into harm’s way all by himself and has no excuses for what happened to him.

    1. So how is he supposed to put his hands up and surrender? What exactly was he supposed to do? Was he warned before the shot?

      Now …. the fact that the officer was upset says a lot about what kind of person he is so this may actually have been a good cop who got a little jumpy but he may be the exception this year, no the rule.

      1. Following the commands of the officer would be my thought of a good way not to get shot. I don’t believe they said anything about hands in this instance though.

  11. I can understand why blacks are responding to this event as they are…. but whites? It seems the police paid to protect us are now seen to these black-apologist whites as the bad guys and the black thugs and criminals are now the good guys.

    That won’t work, as all police will always go after the bad guys, no matter what color

    2. Very true. Can you imagine Whites being upset at the police for shooting a White Thug? Another question, why do Blacks look up to Black criminals, but down on Black achievers, so called “Uncle Tom’s”, etc.? It seems Black reasoning is sorely off base!

  12. Police need to start carrying non lethal weapons and have body cams that are open to the public. Bottom line is that Obama is responsible for the new attitude on race relations on both sides. Funny thing is that hes answering to an unamed master (who is white). The goverment wont be happy until the population is greatly reduced and alot of innocents die on both sides. The police are puppets and ( more than any other time in history) the minorities are. Im sorry to say if a race war does break out, both sides know who the victor will be. No contest

    1. You have several misconceptions in your statement. Obama is half white, half black (whether Moor, black, and you state ‘unnamed white master’. Now who could that be, and at what level are you speaking. God, Supreme court, Allah, — I just have a problem with determining that, as we really do not have a solid, irrefutable count of who is minority in these PC days? —-
      –Next, you expect the police officer to be calm, clear headed, not having had a problem at home, or that day-night, and not be excited. I have seen very qualified hunters get ‘buck fever’ and crank all the bullets out of their rifle in deer hunting, and never pull the trigger. So you expect that ‘puppet’ police officer to get command or order, for non-present master. REALLY?
      ——-
      And if I were czar today over police forces, there would not be non-lethal weapons or tools carried by any police officer. I grew up with statements from my father, “don’t ever run from a policeman. If one says “FREEZE” , you freeze. Answer questions, show identification. We authorize police to shoot, issue a weapon and badge, for that reason. The judge will sort it out, in court, in daylight, and you can say anything you want.
      IN THIS DAY OF DEMONSTRATIONS, OCCUPIERS, CHANTERS, AND CROWDS, IS NOT THE TIME TO MAKE ANY FAST ACTION, MOVEMENT, OR EVEN LOOK LIKE YOU INTEND TO.
      ——-Blacks, Whites, Browns, or any other color of person will live a lot longer, and be able to talk about experience. Otherwise, you will be carried by others or be put in a vase. Just the thoughts of old-guy who has outlived many of his peers, and have some experience with life.

  14. I have made a few comments here, mostly to serve as a voice of reason for some of the clear closet racists (racists who do not think they are racists) but I think this case in a little different that the others.

    Now, most of the unarmed shootings against blacks this year are deplorable and the officers responsible need to be jailed like any other common criminal. The revival of the grand jury is making this virtually impossible and it feels like I’m living in the pre civil rights 60’s.

    But this one may be justified.

    Stay with me my black brethren.

    This was a bad dude, so much so that SWAT was dispatched to either pick him up or take him out. Unless we are being lied to again, this man had an extensive violent criminal record that included previous arrests for attempted homicide and assault. So let’s be real with ourselves and pick our battles more carefully. Now I am not sure what the guy was supposed to do since you have to take your hands out to surrender but he was actively on the run as a wanted man so …….

    Now in most every other civilized country in the world they would have disabled the man instead of going for center mass but hey, this is America. Right???

    1. If there is a threat, we are trained for center mass. Disabling a person does disable a threat, especially from a ranged weapon or the threat of one.

  15. Question.

    Why are Caucasians taking the responses to these shootings so personally. You are not the ones getting shot every other week?

    I could really use an explanation. Maybe not about this shooting since this may cop was SWAT and not just a beat cop.

    Seriously. Why are you so bothered because we are angry because so many UNARMED black, men, women and children are being gunned down by the ones sworn to protect us? Wouldn’t you be a little upset? Seriously?

    1. I might not be able to answer this to the full effect that you would like since I’m black, but you would have to look at each case independent of the other. Not all shootings are justified, nor all attacks need a use of force such as using a gun. However there is a clear precedent in place for all shootings with the claim of self defense. This is the threat of great bodily harm. When it comes to race, I still haven’t seen proof that the shootings or “unarmed” persons or persons of a single ethnic background have changed at any time in the last decade. But you need to add so many variables during this time, things that I don’t think are even tracked. Answers are not found with conjecture and opinions.

    2. No, us Caucasians would not be upset if a White street thug, disobeying police commands were shot down on the street! No loss to society, simple as that! Nor would we loot, commit arson, assault people, etc, etc. That type behavior seems uncivilized to most people!

  16. I nominate Officer Jerothe as Policeman of the Year! Now, to be fair, I also nominate Vinzant (AKA Naeschylus Carter) as Street Thug of the Year.

  17. Really???? Mama needs her head examined, He was a known criminal and felon, gang member, made threats to shoot it out, and had just beat his wife leaving her bloodied. And mama says she is proud of him? This has nothing to do with him being black. It has everything to do with the upbringing his mama gave him, and his choices to go on the run by cutting off his ankle monitor. Mama, does this really sound like someone “turning his life around”? If this is the standard that you raised your child by, then you and your son got what they deserved.

  18. Finally, Common Sense. This officer shot and killed a thug, a guy who cut off his ankle bracelet monitor, and was running loose in the streets. He was told to stop and drop, why should he? He has his own set of rules and laws, he’s dead now, Good.

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