Pueblo, Co. – The Fourth Judicial District Attorney’s Office has concluded that the shooting involving the Fountain Police Department on September 14, 2024, was justified following a comprehensive investigation.
The incident began when police responded to a report of a robbery at a Walgreens located along Fountain Mesa Road. The suspect, identified as 31-year-old Brenden Burningham, allegedly threatened store employees, claiming he had both a gun and a bomb before taking several items from the store and fleeing across the street to the Lowe’s parking lot.
Officers located Burningham in the Chase Bank parking lot shortly thereafter, where they attempted to make an arrest. However, Burningham fled on foot, with both hands reportedly kept inside his pockets. After approximately 20 seconds of running, Burningham is said to have reached toward his pocket in a manner that was perceived by officers as threatening.
In response, two officers fired a total of 13 shots, striking Burningham twice in the chest. He was taken to a nearby hospital with serious injuries. One officer sustained minor injuries in the incident but was not shot. Burningham later survived the shooting and is currently facing charges of aggravated robbery and possession of a weapon. His next court date is scheduled for June 6, 2025.
Following the completion of the investigation, the District Attorney’s Office ruled that the officers’ actions were justified. The office found that Burningham’s behavior, specifically the movement toward his pocket, created a reasonable belief among the officers that they were in imminent danger, which justified the use of deadly force.
The ruling has prompted discussion about the use of force by law enforcement officers, particularly in situations involving suspects who may be armed. However, the District Attorney’s office affirmed that the officers acted within the law given the circumstances.
As the case moves forward, Burningham faces serious criminal charges, and the public will likely continue to scrutinize the actions of law enforcement in these high-stakes situations.
