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Officer Involved Shooting: Delta Police Department, Jeremy Kuzov

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4K views41 pages

Officer Involved Shooting: Delta Police Department, Jeremy Kuzov

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Montrose Office

SETH D. RYAN 1140 N. Grand Ave.

District Attorney Ste 200
Montrose, CO 81401
Phone: (970) 252-4260
Jessica J. Waggoner Email: [email protected]
Assistant District Attorney www.co7da.org
Office of the District Attorney
Seventh Judicial District

DISTRICT ATTORNEY’S REPORT

July 3, 2024

OFFICER INVOLVED SHOOTING: DELTA POLICE DEPARTMENT,

JEREMY KUZOV

DELTA POLICE DEPARTMENT CASE NUMBER D23-2460. ET. AL.

Making just decisions through courage, communication, understanding, and humility.

Montrose Office
SETH D. RYAN 1140 N. Grand Ave.
District Attorney Ste 200
Montrose, CO 81401
Phone: (970) 252-4260
Jessica J. Waggoner Email: [email protected]
Assistant District Attorney www.co7da.org
Office of the District Attorney
Seventh Judicial District

SUMMARY

On October 10, 2023, Delta Police Department Officers were dispatched to 157 Bert Street in
Delta Colorado. The reporting party (rp) reported that there was a “strange man” in her driveway who had
gone through a window of a house and then exited the back door. Because there was confusion about the
address, Officer Mark Bowen was the first to arrive and make contact with Jeremy Kuzov. Kuzov
approached Bowen’s patrol car and said, “you know I’m gonna be sorry here soon.” Bowen asked,
“you’re going to be sorry?” and “what do you mean?” Kuzov backed up against Bowen’s patrol vehicle
and said, “what are you getting on me for?” and “This bitch just fucking killed my kid.” Kuzov appeared
highly agitated. He and was running his hands through his hair, crossing his arms, breathing deeply, and
opening and closing his mouth in an unusual manner. Officer Bowen asked, “okay, so why are you going
into the house?” and Kuzov responded, “because I was looking for my daughter.” Bowen attempted to
place Kuzov in handcuffs and he exclaimed “no” and started to back up. Bowen drew his taser and Kuzov
charged at Bowen and simultaneously attempted to grab the taser and throw punches at Bowen, hitting
him in the head at least once. Kuzov deployed his taser probes and discharged it multiple times without
effect. Kuzov continued charging and kicking at Bowen and they headed south down Bert Street.
Bystander P.O. attempted to contact and calm Kuzov down causing Kuzov to back onto the sidewalk.
Bowen pulled his firearm and ordered Kuzov to put his hands in the air and to get on the ground. Kuzov
ignored these commands and started moving back toward 157 Bert Street and in front of an R.V. parked
in the driveway. Kuzov continued to act aggressively saying things like “I’m gonna light this mother
fucker up” as he gestured toward Bowen and “fuck you!” Eventually, Kuzov appeared to comply and put
his hands on his head. Bowen was extremely close to Kuzov when he rapidly dropped his hands and
turned to run away from Bowen. Bowen fired his weapon hitting Kuzov in the back. As Kuzov leaned
against the R.V., Bowen ran to Kuzov and tried to restrain him. Kuzov continued to struggle with Bowen,
forcing Bowen to take him to the ground. While doing this, Bowen radioed dispatch to send an

Making just decisions through courage, communication, understanding, and humility.

ambulance. Other officers arrived and placed Kuzov into custody before medics arrived and transported
Kuzov to the hospital.
The Seventh Judicial District Critical Incident Investigation Team (CIIT) was asked to respond to
investigate. The purpose of the CIIT is to assist in the investigation of incidents where any law
enforcement officer within the Seventh Judicial District uses deadly force, or attempts to use deadly force,
against a human being during the commission of the officer’s duties. The CIIT consists of certified law
enforcement personnel who are designated by the Chiefs of Police, Sheriffs, and the District Attorney in
all participating law enforcement agencies within the Seventh Judicial District. Agent Ben Russell of the
Colorado Bureau of Investigation and Detective Mark Trimble of the Montrose Police Department were
appointed co-lead investigators. Investigators from the Colorado Bureau of Investigations (CBI), the
Delta County Sheriff’s Office (DCSO), the San Miguel County Sheriff’s Office (SMCSO), the Colorado
Parks and Wildlife Office (CPWO), the Montrose Police Department (MPD), the Montrose County
Sheriff’s Office (MCSO), the Mountain Village Police Department (MVPD), the Ouray County Sheriff’s
Office (OCSO), and the District Attorney’s Office (DAO) all participated in this investigation. Besides its
preliminary response and initial scene documentation, the Delta Police Department had no role in the
CIIT investigation.
After the investigation was completed, the evidence was given to the DAO for review of whether
criminal charges should be filed against Officer Mark Bowen of the Delta Police Department for his use
of force against Jeremy Kuzov. District Attorney Seth D. Ryan reviewed all the evidence collected by the
CIIT. Evidence included but was not limited to 911 dispatch and radio traffic recordings, body-worn
camera (BWC) footage, on scene cellphone videos taken by witnesses; expert analysis of Officer
Bowen’s BWC footage and cell phone videos, written reports authored by involved officers, photographs
of the scene, photographs of Officer Bowen, interviews with involved witnesses, ring doorbell footage
from the scene, Mr. Kuzov’s medical records, and firearms ballistics testing. The purpose of this report
is to inform the public about the District Attorney’s review of the evidence and the associated legal
analysis and ultimate decision about whether the District Attorney’s Office can meet its required
burden of proof to file criminal charges against Officer Bowen.

Making just decisions through courage, communication, understanding, and humility.

SUMMARY OF EVIDENCE

Description of the Scene:

This incident occurred outside a residence located at 157 Bert Street, Delta Colorado. Figure 1. is
a satellite image of the location from Google Maps.

Figure 1. Google Maps Satellite Image of 157 Bert Street, Delta Colorado

The incident started just east of the residence driveway in the street on the west side of Bert
Street, with Officer Bowen and Mr. Kuzov moving south on Bert Street, continuing onto the sidewalk and
back north into the driveway of the residence where it concluded on the east and southeast side of the
camper parked in the driveway. Figure 2. depicts the approximate location and movement of Bowen and
Kuzov during the incident. The green star indicates approximately where Bowen first contacted Kuzov
and the red star indicates Kuzov’s approximate location when Bowen shot him.

Making just decisions through courage, communication, understanding, and humility.

S
t
a
r
t
S

Figure 2. Approximate Location and Movement of Officer Bowen and Kuzov During the Incident.

Initial Report:
On October 10, 2023, at approximately 8:38 a.m. witness J.E. called Delta County 911 dispatch
to report a suspicious male. At 8:42 a.m. dispatch aired a call for service to patrol officers, including
Bowen. The information relayed was “David 12 Delta, have an RP who was just calling in a strange man
that was in her driveway and she now witnessed him enter a window on Bert Street. She couldn’t give me
the full address, it’s 157 something Bert Street, and there is a silver Focus, Ford Focus in the driveway of
that residence. She just saw him go through a window.” An unknown officer radioed for clarification on
the address where “the subject was entering the window” and dispatch responded, “it’s on Bert Street and
the first three digits are 157 with a silver Ford Focus in the driveway.” At approximately 8:45 a.m.

Making just decisions through courage, communication, understanding, and humility.

dispatch aired “RP said that it looks like he went out the back door and he’s creeping around the yard
now. She can’t see him any longer.” At 8:46 a.m. Officer Bowen radioed “I am in contact with the male
party.”
According to other responding officers, there was confusion about the location of the report.
Instead of “157 Bert Street” officers were confused about whether the location was 1st Street, 3rd Street, or
Birch Street. Because of this, Officer Bowen was the first to arrive. The arrival of other officers was
delayed until after Officer Bowen discharged his firearm.
Initial Contact with Kuzov:
A review of Officer Bowen’s BWC shows he arrived at 157 Bert Street at 08:45:57 a.m. Kuzov
was standing in the street in front of the driveway of the residence. As Bowen exited his patrol vehicle to
talk to him, Kuzov said, “you know I’m gonna be sorry here soon.” Bowen asked, “you’re going to be
sorry?” and “what do you mean?” Kuzov backed up against Bowen’s patrol vehicle and said, “what are
you getting on me for?” and “This bitch just fucking killed my kid.” Kuzov appeared highly agitated. He
and was running his hands through his hair, crossing his arms, breathing deeply, and opening and closing
his mouth in an unusual manner. Officer Bowen asked, “okay, so why are you going into the house?” and
Kuzov responded, “because I was looking for my daughter.” At 08:46:29 Officer Bowen said, “go ahead
and turn around for me” and attempted to put handcuffs on Kuzov.
Attempted Arrest of Kuzov and Fight:
As Bowen attempted to put handcuffs on him, Kuzov said “no” and Bowen reached out and
touched Kuzov’s chest. Kuzov continued to say “no” and started to back away from Bowen. Bowen drew
his taser and Kuzov started charging at Bowen. While charging him, Kuzov attempted to grab Bowen’s
taser. At 08:46:34 Kuzov drew back his arm with a closed fist and it appears that he managed to strike
Bowen in the head. Figure 3. is a screenshot of Officer Bowen’s BWC as Kuzov prepared to hit him and
Figure 4. is a screenshot of Kuzov striking Bowen in the head.

Making just decisions through courage, communication, understanding, and humility.

Figure 3. 08:46:34 Bowen BWC.

Figure 4. 08:46:34 Bowen BWC.

Officer Bowen managed to push Kuzov away and deployed his taser probes. It appears that
Kuzov attempted to either grab at the probe wires and/or throw several more punches at Bowen. At
approximately 08:46:38 Bowen discharged his taser and Kuzov exclaimed “son of a bitch!” and “get the
fuck out of here!” Besides the exclamation, the taser did not appear to have any effect. The Taser shot
likely did not result in both probes impacting Kuzov. During the scene search, a taser probe was found
stuck in the rear passenger tire of Bowen’s patrol car. Kuzov charged at Bowen again and attempted to
kick him. Figure 5. is a screenshot showing Kuzov attempting to kick Officer Bowen. Although Bowen
eventually invoked his 5th Amendment Constitutional right to remain silent and declined to be interviewed
about this incident, he did tell Sergeant Eric Romisch on scene that Kuzov punched him on his left side.

Making just decisions through courage, communication, understanding, and humility.

Figure 5. 08:46:40 Bowen BWC.

Witness P.O. approached Kuzov and attempted to talk to him. Kuzov backed up onto the
sidewalk in front of the house to the south of 157 Bert Street as depicted in Figure 2. Kuzov yelled at
P.O. “back off!” and Bowen notified dispatch “we’re fighting” and “taser deployed.” P.O. continued to
approach Kuzov saying, “You good bro. Take it easy bro. No, no, you good, you good” causing Kuzov to
back up toward the driveway at 157 Bert Street. Kuzov told P.O. to “back up” and said “I’m gonna light
this mother fucker up” as he gestured toward Bowen. At approximately 08:46:53 Kuzov started to remove
the taser probe wires from his body and Bowen attempted to discharge his taser again without any
apparent effect. P.O. continued to try to calm Kuzov down and Kuzov said “get away from me.” At
approximately 08:47:02 Bowen drew his firearm and pointed it at Kuzov. Figure 6. is a screenshot of
Bowen drawing his firearm and P.O. standing next to Kuzov. At this point Kuzov was standing on the
sidewalk in front of the gravel area to the south of the driveway at 157 Bert Street as depicted in Figure 2.

Making just decisions through courage, communication, understanding, and humility.

Figure 6. 08:47:02 Bowen BWC.

Bowen told P.O. to “move” and to “get back” and then yelled at Kuzov “get on the ground now!”
Kuzov initially put his hand up but then put his hand on his hips. Figure 7. is a screenshot showing
Kuzov initially putting his hand up and Figure 8. is a screenshot two seconds later showing Kuzov with
his hands on his hips.

Figure 7. 08:47:07 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 8. 08:47:07 Bowen BWC.

P.O. told Kuzov “get on the ground bro” and approached him. Bown directed P.O. to “get back”
and pushed him on the shoulder. Kuzov turned around and started walking away from Bowen toward the
trailer parked in the driveway at 157 Bert Street as depicted in Figure 2. Bowen continued to yell “get on
the ground!” and “Jeremy, get on the ground!” Kuzov ignored Bowen and continued walking toward the
trailer. While he was walking away, Kuzov was continually clenching and unclenching his fists. At
08:47:20 Kuzov turned around, pointed at Bowen and said, “fuck you.” Figure 9. is a screenshot showing
this moment. At this point Kuzov was standing in front of the southwest corner of the camper parked in
the driveway of 157 Bert Street as depicted in Figure 2.

Figure 9. 08:47:20 Bowen BWC.

Bowen continued to yell “get on the ground now!” Bowen’s BWC captured P.O. trying to talk to
Kuzov. Additionally, the video shows P.O. shadow, indicating that P.O. was also ignoring Bowen’s

Making just decisions through courage, communication, understanding, and humility.

commands to get back and was still extremely close to Kuzov and Bowen. After pointing at Bowen,
Kuzov continued to walk away from Bowen towards the trailer parked in the driveway. At 08:47:25
Kuyzov stopped, turned sideways toward Bowen, and put his hands up. Figure 10. is a screenshot
capturing this moment.

Figure 10. 08:47:25 Bowen BWC.

Bowen continued to yell “get on the ground” and Kuzov shook his head no, putting his hand on
his hips. Figure 11. is a screenshot capturing this moment.

Figure 11. 08:47:29 Bowen BWC.

Bowen continued to yell at Kuzov “get on the ground!” and “get on the fucking ground!” Kuzov
looked down at the ground and continued to shake his head no. Bowen was forced again to tell P.O. to get

Making just decisions through courage, communication, understanding, and humility.

back. P.O. told Kuzov “listen to him bro” and Kuzov said “yeah, I will” while putting his hands in the air.
Figure 12. is a screenshot at 08:47:46 capturing this moment.

Figure 12. 08:47:46 Bowen BWC.

Bowen yelled “get on the ground!” and radioed into dispatch “one at gunpoint.” Kuzov interlaced
his fingers and placed his hands behind his head. Figure 13. is a screenshot showing this moment.

Figure 12. 08:47:49 Bowen BWC.

Bowen yelled “get down on the ground!” At approximately 08:47:52 Kuzov suddenly flexed both
knees and rapidly began to drop his hands while simultaneously, Bowen started leveling his weapon.
Kuzov turned away from Bowen and started running away, heading toward the south side of the trailer
parked in the driveway at 157 Bert Street as depicted in Figure 2. Figure 13. is a screenshot at 08:47:52
showing Kuzov bending his knees and moving his arms down. Figure 14. is a screenshot at 08:47:53

Making just decisions through courage, communication, understanding, and humility.

showing Kuzov turning away from Bowen and showing his front foot digging into the gravel as he started
to run away.

Figure 13. 08:47:52 Bowen BWC.

Figure 14. 08:47:53 Bowen BWC.

At approximately 08:47:53 BOWEN fired one round. KUZOV had taken three steps. Figure 15.
is a screenshot capturing this moment.

Making just decisions through courage, communication, understanding, and humility.

Figure 15. 08:47:53 Bowen BWC.

At approximately 08:47:56 Kuzov exclaimed, “Mother Fucker, you hit my ribs!” as he turned
around and faced Bowen at the southeast corner of the trailer. Figure 16. is a screenshot of this moment.

Figure 15. 08:47:56 Bowen BWC.

As he was standing at the back of the trailer, Bowen approached Kuzov and grabbed him by the
front of the shirt while yelling “get on the ground!” Kuzov replied “no mother fucker” as Bowen pushed
him against the trailer. Kuzov yelled “You son of a bitch! I’ll light your fucking pig ass up!” As Bowen
was attempting to handcuff him, it appears that Kuzov pushed back against Bowen, forcing Bowen to take
him down to the ground where they continued to struggle. At 08:48:20 Bowen radioed into dispatch “send
and ambulance” while he was attempting to restrain Kuzov. Kuzov exclaimed “you’re a funking piece of
shit” and something unintelligible about his (Kuzov’s) daughter. At this point other Delta Police

Making just decisions through courage, communication, understanding, and humility.

Department Officers arrived and assisted Bowen. At 08:48:59 Bowen walked away from Kuzov and the
other officers. This was the end of Bowen’s interactions with Kuzov.
A review of Bowen’s taser log shows that he attempted to deploy his taser three times at 9:28:07,
09:28:09, and 09:28:27.
Officer Anthony Moschetti of the Delta Police Department was also dispatched to the scene for a
possible burglary. Prior to his arrival, dispatch indicated that a male was entering the residence. Because
of the confusion about the location, Moschetti arrived after the incident took place. He helped complete a
safety sweep of the residence and observed the window of the southeast corner of the house was open. He
yelled through the open window to see if anyone was inside and received no response. He responded with
other officers to the north side of the house and observed that the back door was wide open. They entered
the residence and did not locate anyone else inside. As Moschetti exited the front door he observed a
broken flowerpot shattered in the driveway.
Investigator Brittany Martinez of the Montrose County Sheriff’s Office arrived on scene as part
of the CIIT team. She observed that a window on the southeast side of the house was open. She observed
a Ring camera on the right side of the front door which appeared to be damaged. She observed damaged
Halloween décor on the front door patio and a broken pot at the base of the patio.
According to Kuzov’s medical records he was diagnosed with a gunshot wound to the chest,
resulting in “multiple left rib fractures” and a “contusion of lung”, but “no intra-abdominal injury.”
According to his toxicology screen, Kuzov tested positive for Amphetamines, Methamphetamines,
Opiates, and Benzodiazepines.
Bowen Statements:
Ultimately, Bowen invoked his 5th Amendment Constitutional right to remain silent and declined
to be interviewed. On the day of the incident, however, he did notify his supervising officer Commander
Jesse Cox who was interviewed about his interaction with Bowen. Cox said that he did not have his radio
on and was unaware of what happened. He said that Bowen called him and was crying hysterically and
hyperventilating. Bowen told him “I shot someone . . . I need your help.” Cox responded to the scene and
asked Bowen what happened. Bowen said that he was responding to a burglary call when he encountered

Making just decisions through courage, communication, understanding, and humility.

Kuzov outside the residence. Believing he was the suspect, Bowen attempted to “place him in temporary
custody” and Kuzov started fighting with him. Bowen said that he was “punched one or two times in the
face.” Bowen said that he tried to taser Kuzov two times, without effect. He said that Kuzov started
approaching him in an aggressive manner and he (Bowen) drew his firearm and told him to get on the
ground. Bowen said that Kuzov ran around the camper, and he fired.
Interview with witness P.O.:
Witness P.O. was interviewed about the incident. He initially said, “the guy was running, and he
shot him, shot him like in the back.” When interviewed later in more detail, he said that he was in the area
doing repairs when he noticed Bowen’s patrol car. He saw Bowen and Kuzov fighting. He observed
Kuzov and Bowen swinging at each other and were both breathing heavily. He got out of his car and
attempted to assist. He observed Bowen use his taser but it “did not seem to do anything.” He thinks that
Bowen pulled the taser trigger multiple times, but it didn’t do anything because the “strings were on the
ground.” He described Kuzov’s behavior as “erratic and confused.” P.O. attempted to calm Kuzov down.
Kuzov clenched his fists and raised them to his chest while advancing toward P.O. P.O. interpreted this as
aggressive and surmised that Kuzov might punch him. As a result, he had to step back. He observed that
Kuzov kept attempting to walk away from Bowen towards an RV. Kuzov walked into the driveway with
Bowen shouting commands for him to get on the ground. P.O. did not know when Bowen pulled out his
weapon, but it appeared that Kuzov was being compliant and put his hands on his head. P.O. said that it
seemed like he (Kuzov) was going to go after him (Bowen). It appeared that Kuzov “leaned forward but
then he backed up” and started running away. This is when Bowen shot Kuzov. P.O. stated that he didn’t
know why Bowen fired his weapon and thought there were other ways the situation could have been
handled. P.O. described that in his eyes “there was no threat” but from “the officer’s eyes, maybe he
thought he was going to go after him, cause at one point in time it seemed like he was gonna go after
him.” In P.O.’s opinion, Bowen did not have to shoot Kuzov. P.O. surmised that because Kuzov was
unarmed both him (P.O.) and Bowen could have tackled him and wrestled him to the ground. P.O.
surmised that it was the combination of Kuzov’s sudden movement and the adrenaline that Bowen was
experiencing that caused him to fire his weapon. P.O. estimated that Bowen and Kuzov were

Making just decisions through courage, communication, understanding, and humility.

approximately ten feet apart when he heard Bowen fire his weapon. It appeared that the bullet hit Kuzov
in the back and in the ribs and he remembered Kuzov shouting “you shot me in the ribs.” P.O. said that he
was just trying to help Kuzov because he was unarmed and every time P.O. got close, Bowen would yell
at him to get back. P.O. said he was very close by when Bowen shot Kuzov. At the end of the incident
P.O. sensed that Bowen couldn’t believe he shot Kuzov.
Interview with Witness R.M.:
R.M. was an eyewitness to the incident and was interviewed. She believed that Kuzov lived at the
residence. She said that Kuzov was being aggressive and not listening to Bowen. She expressed concern
that Kuzov was on drugs. As an example, she said that a week prior to the incident she saw him mowing
the lawn and then the next day he was mowing the lawn again even though there was nothing to mow.
She also thought that his aggressiveness could also have been related to drug use. She said that while
walking with her daughter that morning, she observed Kuzov running from the driveway of 164 Bert
Street to 157 Bert Street. She saw him take off his shirt and place it on the fence before running towards
the house. At this point she was contacted by witness J.E. J.E. escorted her back to her (R.M.’s house)
where R.M. put her daughter inside and went back out to talk to J.E. in her driveway. During this time,
she did not see what Kuzov was doing. She observed Kuzov exit the backdoor to the house. She said that
prior to Bowen arriving on scene, Kuzov was pacing back and forth on the back porch and “ready to burst
out of his skin.” She said that he was “huffing and puffing” and appeared “manic” She described his
behavior as “scary.” R.M. observed Kuzov on the back porch before he “bolted” toward Bowen’s car
when he arrived. It was her perception that Kuzov “charged the cop” and was “ready to start some
trouble.” Based on how fast he approached the car, she thought it was aggressive. She saw Bowen attempt
to tase Kuzov and “he wouldn’t go down” and wouldn’t “buckle.” She surmised that Bowen was scared
because the taser was ineffective and Kuzov was not complying with him. Although she did not see
Bowen draw his gun, she saw a gun in his hand and Kuzov started backing up. It appeared to her that
Kuzov was going to run away. She said that when Kuzov turned around she didn’t know whether he was
going to charge at Bowen or what he was going to do, but that he was being aggressive the entire time.
Interviews with Medical Personnel:

Making just decisions through courage, communication, understanding, and humility.

Investigators with the San Miguel County Sheriff’s Office assisted the CIIT by interviewing
medical personnel who responded to the scene and treated Kuzov. Paramedics in the ambulance said that
Kuzov was aggressive and combative during transport. They spent much of the transport attempting to
hold him down while trying to stay safe. They put a chest seal on the gunshot wound but Kuzov tore it
off. Kuzov stated several times that he wanted “to bleed out” and to “die.” Kuzov started swinging his
arms and kicking while the ambulance crew was trying to render aid. Kuzov did not want them to render
aid and kept calling them “pigs.” When they arrived at the hospital paramedics said that Kuzov was “still
being pretty aggressive with us” and seemed like he was “ready to go blows with people.” One paramedic
had to hold his ankles to prevent him from kicking other medical personnel. Kuzov was yelling “You
fucking pigs! Get off me you fucking pigs!” After being moved to the hospital bed, approximately five
staff members had to hold him down. Kuzov was described as being “aggravated, thrashing, getting up,
trying to sit up, kind of swinging, and all over the place.” Kuzov had to be sedated and intubated for them
to provide medical assistance. While they were attempting to administer the IV he said, “I’m going to
fucking punch you” while trying to hit people. A professional at the hospital described Kuzov as “a
danger to himself and everyone else.” In the experience of several medical professionals, it appeared that
Kuzov was under the influence of methamphetamine. One paramedic described Kuzov as “very hard to
control, very strong” and that even though he had a gunshot would “it wasn’t really slowing him down at
all.”
Information which may have been Unknown to Officers Leading up to the Incident:
To assess the reasonableness of Officer Bowen’s use of force, the District Attorney attempted to
separate the information known to responding officers from the full information supplied by J.E. during
her conversation with the dispatcher. According to the dispatch recording, officers, including Bowen,
were aware that the reporting party (J.E.) reported there was a “strange man in her driveway” who then
“entered a window” on Bert Street and came out the “back door.”
In addition to this information, J.E. also told dispatch that she was sitting in her car in her
driveway and a “strange man” approached and started “banging on her window” and “absolutely scared
the crap out of her.” She described him as being “out of his mind.” She said that she followed him down

Making just decisions through courage, communication, understanding, and humility.

Bert Street and that he was “just wandering the neighborhood” and was “up to no good.” She said that it
appeared he was “casing houses.” She advised that he placed his sweater on someone’s fence and was
“looking in their windows.” She became alarmed and exclaimed, “my god he’s climbing in the window!”
and “this man is breaking into their house!” The call with J.E. disconnected and dispatched aired the
incident and location to Delta Police Officers. J.E. called back and reported that “he left out of the back
door, the back door is open now” and he was “creeping around the front.”
Although a review of the dispatch recording does not seem to indicate that responding officers
were aware of the full extent of J.E.’s conversation with dispatch, it appears that at least two officers were
aware that J.E. reported that Kuzov was “banging on her window.” CAD call information/comments
allow dispatchers to enter written information about the call into the CAD system. This information is
available to responding officers via a small screen in their patrol vehicles. The CAD Call info/comments
indicate that the dispatcher wrote “in driveway guy came out of nowhere banging on rp’s car window.”
This may be why these officers were aware that Kuzov was banging on the reporting party’s car window.
This leads to the possibility that Bowen was also aware of this information before he arrived on scene.
Also unknown to officers at the time was that 157 Bert Street was the residence of S.S. who
shares a biological child with Kuzov. During the incident SS and her daughter were on a trip to
Mississippi to attend a baby shower held for Kuzov’s older daughter from another relationship. S.S. was
interviewed several times as part of the investigation. She said this trip was planned and Kuzov was
supposed to go with them, but two days before they left, Kuzov “went MIA” and was “acting out.” By
“acting out” she said that he was drinking and possibly using unknown substances. She said that as long
as he remains sober, they have an agreement that he can stay at the house. If he starts drinking, he is no
longer allowed to be there. She said that he had his own residence but around the end of the summer she
allowed him to stay at her house. She did not give him a key because she usually does not lock the house,
but she did lock it before they left for Mississippi. She said that Kuzov had been living there for
approximately two months without any issues. She said that he never paid her any money for the
mortgage but did contribute for expenses related to the trip to Mississippi. They had a verbal agreement
for him to pay her half his salary for food, but it never happened. S.S. said that Kuzov lived at her house

Making just decisions through courage, communication, understanding, and humility.

until last Wednesday (October 6, 2023) when she confronted him about drug and alcohol use because he
was exhibiting unusual behavior. As an example, she said he took two hours to mow the lawn, attempted
to cut down a tree, and told their daughter that people were coming to get him. She told him that if he
can’t be sober and act normal, he had to leave and he said “fine, I’m leaving.” When he left, she locked
the door. This was the last time she saw him before this incident. She said that Kuzov had no ownership
interest in the house. She did not know if he was still planning on going with them to Mississippi so she
waited a day to see if he would return. When he did not return, she informed his adult daughter in
Mississippi that he was likely not coming. As a result, S.S. and her daughter left on the trip without him.
She said that it was possible that he was currently using methamphetamine. She advised that when he
takes it, he becomes “schizophrenic.”
S.S. had a Ring camera installed near her front door of 157 Bert Street. Just prior to Bowen’s
arrival, the camera recorded some of Kuzov’s actions. The video showed Kuzov walking from the RV to
the front door. He forcefully kicked the front door, threw his left shoulder into the door, and struck the
door with a closed fist. Although it was hard to understand everything he was saying, phrases such as
“open this door up!” and “open this fucking door, mother fucker!” were heard. Kuzov backed away from
the door and entered the passenger side of the RV where he remained for approximately 23 seconds.
Kuzov exited the RV and started walking underneath a car port when S.S. started speaking to him through
the camera. Kuzov approached the front door and asked where his daughter Star was. S.S. told him that
she was going to call the police if he didn’t leave. Kuzov replied that he just wanted to know where his
daughter was. S.S. said she did not care and Kuzov picked up a flowerpot from the front porch and
shattered it on the ground saying, “I really don’t give a fuck either!” Kuzov told S.S. that the police would
not listen to her and accused her of selling her children. Kuzov walked up to the front door, grabbed a
wooden decoration, and struck the Ring camera twice, causing it to break. As a result, the camera stopped
recording.
Interview with J.E.:
The reporting party (RP) J.E. was formally interviewed as part of the investigation. At
approximately 8:30 on the morning of the incident she exited her residence and got into her car to leave

Making just decisions through courage, communication, understanding, and humility.

for work. As she backed out of her driveway, she noticed Kuzov walking down the street towards her
driveway. Due to the way he was walking and his demeanor she got a “weird vibe” and decided to pull
back into her driveway and wait for him to pass. He approached her driver’s side window and started
banging on it, which startled her. He kept asking her to roll down her window, but she did not. He said
something about glass in the street in front of her driveway and she ignored him. He continued walking
down the street and was staring at her house as he walked. She decided to call dispatch and started
following him. She followed him until he stopped at 157 Bert Street. She turned around in a cul-de-sac to
try to get the address for dispatch. As she was driving by, she observed him “crawling” through a front
window, and she notified dispatch that he was breaking into the house. She observed R.M. walking with
her baby and J.E. informed her about Kuzov and told her to go home. J.E. pulled into R.M.’s driveway.
She said that Kuzov was inside the house for a couple of minutes before exiting through the back door.
She described him as walking around in a “dazed manner” and she called dispatch again to verify that an
officer was on the way. She observed him in the front yard and was acting “drugged out or something.”
She observed Bowen arrive and exit his vehicle. She said that Kuzov immediately approached Bowen and
started “fist-fighting” with him. She observed a third person trying to help Bowen with Bowen telling this
person to get back multiple times. Bowen tased Kuzov and he was “not fazed at all.” Bowen drew his
weapon and kept telling Kuzov to put his hand up and to get on the ground. Kuzov did put his hands up
but was not obeying any other commands. She observed that Kuzov was being “defiant” and acting like a
“zombie.” J.E. observed Kuzov run behind an RV and Bowen shot him in the back. She did not actually
see when he was shot because the RV was blocking her view. She recorded the incident but was unable to
capture the “fist fight” and was concerned that it might appear that Bowen was at fault. She thought that
the fact that Bowen responded alone was dangerous and she felt like “he had to do what he had to do after
being attacked.” When other officers arrived, she yelled at them to check the inside of the house in case
someone was “dead inside.” She denied seeing Kuzov on the front porch or him breaking anything
outside the house. From the time that Kuzov approached her car she believed that Kuzov was on drugs
and “out of his mind.”

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Interview with R.K.:

Kuzov’s father R.K. was interviewed. Although he did not witness the actual event he had useful
information about the case. According to him, Kuzov had lived at the address where the incident took
place for “several years” and had never been evicted. He thought that Kuzov had a key and went there to
pick up some clothes. R.K. said that Kuzov had been struggling with a methamphetamine problem “but
had been sober for a while.” He said that Kuzov and S.S. had been on again off again for several years
and they had been “on the outs for a while.” He was unsure whether Kuzov had a key to the house or
whether he was staying inside or in the RV in the driveway.
Interview with D.P.:
Neighbor D.P. was interviewed. She said that Kuzov had been staying at the property off and on
for about five years. Most recently, he had been living there for approximately five weeks.
Interview with J.G.:
J.G., a friend of Kuzov and was interviewed. He said that Kuzov had been staying with him
because he got into a fight with S.S on October 5th or 6th. He denied that Kuzov was under the influence
or using methamphetamine while he was staying with him.
Ownership Interest in the House:
The Delta County Assessor’s Office records indicate that the last warranty deed on 157 Bert
Street was executed on January 8, 2021, and shows that S.S., J.C., and P.C. are the owners. Prior to that a
warranty deed was executed on September 9, 2019, and shows that J.S. and P.C. were the owners. P.C.
and J.S. are S.S.’s grandparents. There is no record of Kuzov having an ownership interest in the
property.
Incident at Hellman Motors:
At approximately 7:00 on the morning of the incident, Kuzov had interactions with several
employees at Hellman Motor Company. As employees started to arrive, they observed Kuzov in the
parking lot testing the door handles to several cars. Employee R.M. said that he saw Kuzov inside the
store and thought he was a customer so he asked if he could help him. Kuzov said, "Oh I’m just here to
figure out what's going on?" R.M. asked him if he had an appointment, and Kuzov repeated "No, I'm just

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here to figure out what's going on. " R.M. said, "I don't know, but can I help you with something?" Kuzov
replied, "Yeah, what's going on over there? I need to know what's going on over there." R.M. said, "I
don't know. I don't know what you mean". Kuzov asked R.M. if he was from Delta and then began talking
about how child trafficking was going on and "I just want my daughter back". R.M. could tell Kuzov was
“strung out" and disheveled. He looked homeless and like he wasn't sleeping or showering. R.M. told
Kuzov he needed to leave, and a different employee showed up and escorted him out of the store.
Forensic Analysis of Bowen’s BWC Footage and J.E.’s Cell Phone Video:
On March 7, 2024 Michael Albin of Studio Line Productions submitted a report detailing his
forensic analysis of Bowen’s BWC footage and witness J.E.’s cell phone video. Mr. Albin was asked to
determine the timing between several events occurring in the BWC as well as to estimate distances
between Bowen and Kuzov during these events. He discovered that both videos were recorded at thirty
frames per second which was used to determine the timing of events within both videos’ fields of view.
Mr. Albin was asked to determine the time between the first visual stimulus of Kuzov preparing
to run away from Bowen and when Bowen fired his weapon. The first event occurred between Figure 12.
and 13., when Kuzov had his hands on his head before flexing his knees and dropping his hands in
preparation to run away. The first visual indication of stimulus occurred at frame 4178, time
00:02:19.201, when Kuzov started moving his left knee forward. Mr. Kuzov’s hips tilted away from
Bowen and his left elbow became visible just under Bowen’s left forearm. This frame is shown in Figure
16. It is Mr. Albin’s opinion that this was the earliest visual stimulus that Kuzov was moving in a manner
that was not compliant with Bowen’s orders.

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Figure 16. frame 4178, time 00:02:19.201 of Bowen BWC.

At frame 4184, time 00:02:19.401, Mr. Kuzov’s partially open left hand was visible and as he
removed it from behind his head. His left hand rapidly moved downward toward the ground with his
pinky and ring finger of his left hand closed and his middle and index finger curled inward. His left thumb
was extended and pointed upward and slightly rotated inward. Figure 17. is a screenshot of this moment.
A review of J.E.’s cell phone footage indicates that Kuzov lowered both his left hand and right hand
simultaneously. The movement of Kuzov’s right hand, however, was not visible to Bowen because his
view was blocked by his (Bowen’s) left arm as depicted in Figure 16. It should be noted that the visual
stimulus associated with this movement shows Kuzov drawing his arm down and making a fist as if to
prepare to strike Bowen. This is depicted in Figure 17.

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Figure 17. frame 4184, time 00:02:19.401 of Bowen BWC.

Mr. Albin’s opinion is that this was the last visual stimulus that Bowen may have perceived
showing that Kuzov was moving in a manner not complaint with his orders. This created a margin of
error from the start of the visual stimulus (Figure 16.) of the perceived motor movement of Kuzov by
Bowen of .200 of a second. Because BWC footage cannot accurately capture where a person’s attention is
focused, it is not a certainty that Bowen actually responded to this stimulus.
After Kuzov’s right hand became visible (Figure 17.), his head turned away from Bowen with his
gaze shifting down and to the left. Kuzov’s left and right hands rapidly and simultaneously moved
downward, and his left ankle rotated outward to his left and away from Bowen. Kuzov’s left hand became
visible behind his back with his fingers clinched and his left thumb extended downward toward the
ground. His left foot slid to his left and stepped outward as his right foot was plated into the gravel as
indicated by the displacement of the gravel in the driveway. This indicated a weight transfer. His right
foot pushed off the ground and left the surface. His hips rotated counterclockwise away from Bowen and
his left foot was planted in the gravel as his weight was transferred to his left side. At frame 4215, time
00:02:20.434 there was an audible report of a gunshot. During this time, Kuzov’s right foot left the
ground as he moved away from Bowen. He was near to the driver’s side rear of the RV parked in the
driveway. At frame 4217, time 00:02:20.501, Kuzov’s right shoe was off the gravel surface. The distance
from Bowen’s BWC image sensor to Mr. Kozov’s right shoe was measured in distance and pixels at this

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moment. This was used to measure the distance between Bowen’s BWC image sensor and Kuzov’s right
shoe at the time that Bowen discharged his weapon.
For purposes of Mr. Albin’s opinion, frame 4178 with timecode 00:02:19.201 was used to
measure the time between the first visual stimulus of Kuzov’s movement (Figure 16.) and when Bowen
fired his weapon. From the established start time, frame 4178 timecode 00:02:19.201 (1st visual stimulus),
to the audible report of a gunshot at frame 4215, timecode 00:02:20.434, 1.233 seconds elapsed (with a
variability of .200 seconds). It is Mr. Albin’s opinion that this is a rapid response to a presented stimulus.
Mr. Albin estimated two distances between Bowen and Kuzov. The distance between them
immediately before Kuzov started moving in anticipation of fleeing and the distance between them when
Bowen fired his weapon. Mr. Albin used two techniques to estimate these distances.
Using the first technique, Mr. Albin used scene measurements and the two videos to place them
in an overhead scene overlayed with a grid. It should be noted that this type of analysis is limited in scope
due to the two dimensions provided in the field of view of the video evidence. It is relational in nature and
has a high degree of margin of error, however, it does provide a starting point for analysis. Under this
technique, Mr. Albin estimated that they were 5’6” apart when Kuzov started moving in anticipation of
fleeing and 14’5” apart when Bowen fired his weapon.
Using the second technique, Mr. Albin created a computer simulated environment using the
pixels in Bowen’s BWC to estimate the distance between the back of Bowen’s BWC and Kuzov. Based
on this technique, Mr. Albin estimated that there was 6’4” to 6’6” between Kuzov and the back of
Bowen’s BWC when Kuzov started moving in anticipation of fleeing. Based on Bowen’s height, Mr.
Albin estimated that Bowen’s arms and weapon were extended an additional 2’ to 2’2” beyond the back
of his BWC. Although not calculated by Mr. Albin, if one estimated Kuzov’s reach to be approximately
the same as Bowen’s, it appears that the distance between Kuzov’s potential reach and Bowen’s extended
weapon was approximately 1’2” to 2’2”.
Using this same technique, Mr. Albin estimated that the distance between the back of Bowen’s
BWC and Kuzov at the time that Bowen fired his weapon was approximately 13’5”. Although not
discussed by Mr. Albin, this means that from the time of the first visual stimulus that Kuzov was moving

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in a manner not complaint with Bowen’s orders, to the time that Bowen fired his weapon, Kuzov traveled
approximately 6’11” to 8’11” in 1.022 to 1.433 seconds. Given the close proximity of Bowen’s extended
weapon to Kuzov when he exhibited the first visual stimulus that he was moving, it is clear that had
Kuzov moved toward Bowen instead of away from him, that he could have made physical contact with
Bowen in less than 1 second and before Bowen had a chance to fire his weapon. Figure 18. is a diagram
prepared by Mr. Albin showing the relative distances between Bowen at Kuzov at both the times when
Kuzov started to flee and when Bowen fired his weapon.

Figure 18. relative distances between Kuzov and Bowen

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Use of Force Analysis:

In addition to employing forensic video analysis, investigators also consulted with Use of Force
experts from Force Science. The purpose of this was to understand Bowen’s response times generally and
to inform reasonable expectations for his decision making and performance in this case. Although it may
be self-evident, they noted that BWC footage is a poor proxy for representing an officer’s point of view
during an incident. This is because of several factors, including: the wide-angle view of the BWC as
compared to actual human vision; the fact that a BWC is mounted on the officer’s chest and not at their
line of sight; and that BWC footage does not accurately capture where an officer’s vision and attention is
actually focused. Studies suggest that 76% of information relied on by officers is not captured on BWC
footage. They discussed that distances estimated by someone watching BWC footage are often
misleading, and they recommended we consult a forensic video analyst to accurately estimate distances
between Bowen and Kuzov; which was done in this investigation. They also noted that Bowen’s
experience of the event would be very different from a calm analysis of BWC footage done with
unlimited time and with the benefit of hindsight.
Studies indicate that the assessment of a threat (perception and interpretation), and the decision to
fire a handgun does not correspond to the timing and location of a bullet’s impact. The process of
perceiving a suspect’s movement, interpreting the action, deciding on a response, and executing the
response takes time (“response time”). This process will always occur after the behavior interpreted
(stimulus) and before the effect (bullet strike) is realized. Although there is no single or universally
accepted time for shooting in response to a perceived threat, studies provide shooting response times in
lab conditions that serve as metrics for comparisons. Real-life response times in complex operating
environments are reasonably expected to take longer than those seen in lab settings and can take multiple
seconds to complete.
Studies in a controlled environment where officers were asked to fire a handgun in response to an
audible signal show that it took an average of .51 second to fire. Studies in a controlled environment
where officers were asked to fire a handgun in response to complex visual light stimulus show that it took

Making just decisions through courage, communication, understanding, and humility.

an average of .56 seconds to fire. It is expected that an officer responding to a real-world threat with
complex stimulus will take longer to respond. As in this case, deciding whether someone is going to
comply, conduct an assault, or flee is a complex decision with multiple responses from which to choose.
Response time can be affected by urgency, cognitive load, fatigue, stimulus-response compatibility,
clarity of the stimulus (i.e., how obvious was the weapon or predictable was the threat), visibility,
complexity of the response, or the number of response options.
It is generally accepted that law enforcement officers are unlikely to make slow and analytical
decisions in situations involving physical force. During potentially lethal encounters and other high-
pressure situations, it is reasonable to expect that officers may instead rely on intuition and experience
(heuristics). Heuristic decisions are sometimes referred to as fast “rule of thumb” or “ballpark” decisions.
It is their opinion that it is reasonable that Bowen decisions were based on heuristics or recognized
patterns of a threat. The evidence shows that Bowen had already endured a violent assault, had been
punched at least one time, and that his use of non-lethal force (taser) had proved to be ineffective. It is
their opinion that this would be expected to influence how he perceived the subsequent movements by
Kuzov. It is their opinion that Bowen’s threat assessment and decision to fire would reasonably include:
the resistive and assaultive nature of Kuzov; Kuzov’s willingness to punch and kick him; and his
inability to control Kuzov either physically or through the use of a TASER, or with aggressive verbal
commands to overcome his resistance. It is their opinion that a reasonable officer in Bowen’s shoes would
have very few cognitive resources to critically analyze the information they were absorbing and whether
there might be alternatives to their understanding of the threat or the choices they are making. They noted
that reducing distractions and intently focusing on the threat can be important because the act of
evaluating, communicating, and shooting accurately in a dynamic, rapidly evolving, and threatening
encounter can tie up significant amounts of the officer’s attentional resources. They note that officers in
this type of situation have little cognitive resources to focus on anything else except what they are directly
and intently focused on to avoid death or injury. It is their opinion that it was reasonable to expect Bowen
to reduce his response to a “go or no-go” decision (e.g. if the suspect assaults me again, I will fire) and to
respond very quickly with a programmatic response.

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They note that it is reasonable to believe that a person can sprint between 10 and 15 feet in
approximately 1 second and approximately 5 feet in .5 seconds. This is consistent with the forensic video
analysis which showed that Kuzov traveled 6’11” to 8’11” in 1.022 to 1.433 seconds. Additionally, as
discussed in the forensic video analysis, Kuzov’s reach was only 1’2” to 2’2” away from Bowen’s
extended firearm when he flexed forward and dropped his arms in anticipation of fleeing. Because of this,
it is their opinion that it was reasonable for Bowen to anticipate and prepare for a close-range assault.
They noted that if he perceived Mr. Kuzov’s sudden movements as the initiation and continuation of a
violent assault, it would take time for him to perceive the movement, interpret the movement as an
assault, decide to shoot, and perform the motor movements to shoot. During this delay it was therefore
possible for Kuzov to turn and flee and expose his back to the bullet’s impact.
It is their opinion that once Bowen made the decision to shoot it was reasonable that he was
focused on the process of responding (aiming and pressing the trigger) to the perceived threat and it was
not reasonable to expect him to simultaneously focus on a continuing threat assessment. They discussed
how it would take time for Bowen to shift his focus from his decision to fire and reassess the threat posed
by Kuzov. It is their opinion that until that shift was accomplished, it was reasonable that Bowen
wouldn’t have noticed that Kuzov was fleeing rather than initiating an assault and he may not have had
sufficient time to stop his initial firing response. Research consistently shows that once a clear (simple)
“stop shooting” stimulus is presented, on average it takes approximately .30 seconds to stop shooting. If
the “stop shooting” conditions are complex (as they are in this case), the “time to stop” can nearly double.
This means that perceiving, interpreting, and deciding to stop can take over half a second.
As noted in their report, response time can be affected by urgency, cognitive load, fatigue,
stimulus-response compatibility, clarity of the stimulus (i.e., how obvious was the weapon or predictable
was the threat), visibility, complexity of the response, or the number of response options.
In this case, there were several factors present that may have extended Bowen’s initial firing
response time. Bowen had defended himself from multiple assaults by Kuzov, leading to fatigue and
contributing to a slowed response time.

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Given the evidence discussed above, a reasonable officer in Bowen’s shoes may have surmised
that Kuzov was under the influence of methamphetamine and had an unusual tolerance to non-lethal
measures (taser). This would have posed a significant threat to Bowen. Bowen was aware that Kuzov
entered the residence and did not know whether there was a person inside the house that was either
injured or in danger should he decide to reenter. Kuzov was non-compliant with Bowen’s commands and
kept moving back toward the house as Bowen attempted to arrest him. A reasonable officer would have
seen this as a continued threat to a potential victim inside the house. Despite giving witness P.O. orders to
step away from Kuzov, P.O. kept approaching. At various times P.O. was either extremely close to
Bowen and Kuzov or placed himself between Bowen and Kuzov. A reasonable officer would have
perceived Kuzov as a threat to P.O. as well as knowing that P.O. was in danger should he (Bowen) be
required to fire his weapon. All these factors placed a high cognitive load on Bowen and could have
slowed his response time. It is the opinion of the Force Science experts that because of the perceived
threat and the urgent need to respond, it was reasonable for an officer in Bowen’s position to have very
few cognitive resources to critically analyze the information they are absorbing and whether there might
be alternatives to their understanding of the threat or the choices they are making.
As discussed above, at the time that Kuzov started moving in anticipation of fleeing, Kuzov was
only 1’2” to 2’2” within reach of Bowen’s extended firearm. It is reasonable that this contributed to the
urgency of the situation and the perception on the part of Bowen to react before the clarity of the stimulus
had time to unfold (i.e. that Kuzov’s movements of dropping his arms and flexing his knee was in
anticipation of fleeing rather than attacking). This could have contributed to a heuristic response to fire
before being able to process the clarity of the stimulus.
The forensic video analysis concluded that Bowen fired his weapon approximately 1.233 seconds
after Kuzov dropped his arms. The following is the opinion of the Force Science experts with respect to
Bowen’s response time in this situation:

Although, we expect real-world responses to be slower than what we have observed in lab
settings, Ofc. Bowen’s response time is within the range of high-ready shooting response times to

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complex stimulus seen in lab settings. Although the sudden movements by Mr. Kuzov may have
been unexpected, even in an incident involving expected events, the perception and detection
process, although rapid, still takes time and is based on experience and identified patterns. If Ofc.
Bowen perceived Mr. Kuzov’s sudden movements as the initiation and continuation of a violent
assault, it would take time for him to perceive the movement, interpret the movement as an
assault, decide to shoot, and perform the motor movements to shoot. During the 1.233 second
response time, if Mr. Kuzov were instead initiating flight (which appears in hindsight to have
been his intent), he would have had time to turn and begin to run from the officer, exposing his
back to the bullet’s impact. Once Ofc. Bowen made the decision to shoot, if he was focused on the
process of responding (aiming and pressing the trigger) to a perceived threat, we would not
reasonably expect him to be able to simultaneously focus on a continuing threat assessment. We
would expect it to take time for Ofc. Bowen to shift from focusing on his response to focusing on
assessing the threat posed by Mr. Kuzov. Until this shift is accomplished, we would not assume
that Ofc. Bowen would notice that Mr. Kuzov was actually fleeing rather than initiating an
assault. There is no universal time associated with this shift in attention. It can happen very
rapidly and still does not provide sufficient time to stop the initial response. If Ofc. Bowen
initially perceived Mr. Kuzov to be a threat, noticing a change in the circumstances would take
time. Ofc. Bowen would again need to perceive, interpret, decide to stop shooting, and then
physically stop. This means that if Ofc. Bowen quickly perceived that Mr. Kuzov was not
assaulting him but instead fleeing the scene, a decision to stop the discharge of the firearm would
still take time to execute. Research consistently shows that once a clear (simple) “stop shooting”
stimulus is presented, on average it takes approximately .30 seconds to stop shooting. If the “stop
shooting” conditions are complex (as they are in this case), the “time to stop” can nearly double.
This means that perceiving, interpreting, and deciding to stop can take over half a second. In this
case, the speed at which Ofc. Bowen was able to stop shooting and that he only fired one round is
evidence that he may have perceived Mr. Kuzov’s flight before completing his initial response to

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the sudden movements by Mr. Kuzov. If that is the case, Ofc. Bowen would not reasonably be
expected to stop his initial shot once he began to execute it.

LEGAL ANALYSIS
Legality of Arrest:
Probable cause to arrest "exists when the facts and circumstances within an arresting officer's
knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been or
is being committed by the person about to be arrested."1 Probable cause, and the legality of a warrantless
arrest based on probable cause, is judged on the basis of the information known to the person making the
arrest at the time of the arrest.2 The Fellow Officer Rule allows an officer who does not have a sufficient
basis to take action, to nevertheless take action if “(1) he acts at the direction [of] or as a result of
communications with another officer, and (2) the police as a whole possess a sufficient basis to [take the
action].”3 An officer is authorized to make reasonable inferences from the available evidence and is not
required to consider other possible inferences.4 The "dispositive time" for determining whether there was
probable cause to support an arrest is at the "moment of the arrest."5 Therefore, events that occur after the
moment of arrest do not affect the existence of probable cause.
Through dispatch, Bowen was aware that there was a “strange man” in the reporting party’s
driveway and that she had “witnessed him enter a window on Bert Street.” He was also aware that the
man “went out the back door” and was “creeping around the yard.”
In addition to this information, reporting party J.E. informed dispatch that this man approached
her in her driveway and started “banging on her window” and “absolutely scared the crap out of her.” She
described him as “out of his mind.” She followed him as he walked toward Bert Street, and it appeared he
was “casing houses.” Before going into the house, she described him “looking into their windows.”

1 People v. Totenhoff, 691 P.2d 340, 343 (Colo. 1984).

2 People v. Barros, 835 P.2d 587, 589 (Colo. App. 1992).
3 People v. Swietlicki, 361 P.3d 411, 416 (Colo. 2015).
4 People v. Threlkel, 438 P.3d 722, 727 (Colo. 2019).
5 People v. Barros, 835 P.2d at 590; see also People v. Lewis, 975 P.2d 160, 167 (Colo. 1999) (probable cause for warrantless

entry).

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Although Bowen may or may not have been personally aware of this information, under the Fellow
Officer Rule, this evidence and the reasonable inferences derived therefrom is available to support
whether he had probable cause to arrest Kuzov.
When Bowen arrived on scene, Kuzov met him at the patrol car. Kuzov said “this bitch just
fucking killed my kid” and Bowen asked “okay, so why are you going into the house?” Kuzov responded,
“because I was looking for my daughter.” Because Kuzov admitted to entering the house as described by
J.E. and he had probable cause to arrest him for the potential crime of Trespass of a Dwelling.
Although later discovered evidence suggests that Kuzov lived at the residence and may or may
not have had permission and authority to enter the house, Bowen was allowed to rely on the reasonable
inference that Kuzov’s entry through a window constituted Trespass rather than a lawful entry.
Additionally, this evidence had no effect on the original determination of probable cause in this case.
Additionally, evidence derived from Ring camera footage showed unequivocally that Kuzov
broke a flowerpot, a Halloween decoration, and the Ring camera belonging to S.S. Since they share a
child together this was a criminal violation of Criminal Mischief as an Act of Domestic Violence.
Colorado law requires the mandatory arrest of a person where there is probable cause to suspect that they
committed domestic violence.6 As such, as further evidence was developed about this incident, the
Defendant was subject to mandatory arrest.
Legality of Detention:
Evidence suggests that Bowen actually intended to restrain Bowen as part of an investigatory stop
rather than to formally arrest him. On scene, Bowen told Commander Cox that he attempted to place
Kuzov in “temporary custody” when Kuzov started fighting him. If this was the case, Bowen’s attempted
seizure of Kuzov was also legally authorized as an investigatory stop.
When the police are aware of specific facts creating a reasonable suspicion that a person is
committing or has committed a crime, the police are authorized to stop that person for further
investigation.7 The police are authorized to ask the person a moderate number of questions to determine

6
C.R.S. § 16-3-105 (2023 as amended).
7 Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968).

Making just decisions through courage, communication, understanding, and humility.

the person’s identity and to obtain information either confirming or dispelling the officer’s suspicions.8 In
Colorado, a police officer can handcuff a suspect during an investigatory stop and frisk them for weapons
if the circumstances justify such measures as a reasonable precaution for the protection and safety of the
officers involved.9 The use of force must be reasonable given the perceived threat or the nature of the
investigation.10
As stated above, Bowen was aware that there was a “strange man” in the reporting party’s
driveway and that she had “witnessed him enter a window on Bert Street.” Prior to his arrival, R.M.
observed Kuzov pacing back and forth on the back porch and “ready to burst out of his skin.” She said
that he was “huffing and puffing” and appeared “manic.” She stated that when Bowen arrived Kuzov
“bolted” toward Bowen’s car, and it appeared that he “charged the cop” and was “ready to start some
trouble.” It is clear from the BWC footage that Kuzov was highly agitated. Based on the training and
experience of a reasonable law enforcement officer as well as the lay observations of J.E. and R.M., it
was reasonable to infer that Kuzov was under the influence of a stimulant or other drug such as
methamphetamine. Also, because of the confusion associated with the location of the incident, Bowen
was the only officer on scene. Based on this, cuffing Kuzov before conducting a frisk for weapons was a
reasonable precaution for Bowen’s protection and safety.
Bowen also had a reasonable concern that Kuzov may have harmed or injured someone inside the
house. In fact, J.E. expressed this very concern when she called dispatch a second time to find out when
officers were going to arrive. Kuzov’s statements that “this bitch just fucking killed my kid” and that he
entered the house “because I was looking for my daughter” coupled with his aggressive demeanor and
evidence that he was under the influence of Methamphetamine further supported this concern. Based on
this, cuffing Kuzov while Bowen did additional investigation such as checking to see if anyone was inside
the house was a reasonable precaution for not only his safety but the safety of others.

8 Berkemer v. McCarty, 468 U.S. 420 (1984), C.R.S. §16-3-103.

9 People v. Garcia, 11 P.3d 449, 453 (Colo. 2000).
10 People v. King, 16 P.3d 807, 814 (Colo. 2001)

Making just decisions through courage, communication, understanding, and humility.

Accordingly, Bowen had reasonable suspicion that Kuzov may have committed the crime of
Trespass and/or Burglary and had the legal authority to place him in handcuffs before frisking him for
weapons and/or conducting additional investigation.
After telling Kuzov “go ahead and turn around for me,” Kuzov said “no” and started to back
away from Bowen. Bowen drew his taser and Kuzov started charging at Bowen. While charging him,
Kuzov attempted to grab Bowen’s taser. Kuzov drew back his arm with a closed fist and struck Bowen in
the head. At this point, Bowen had probable cause to arrest Kuzov for Resisting Arrest and Assault on
Peace Officer.
Reasonableness of Bowen’s Use of Force:
There are two statutory schemes applicable to Bowen’s use of force against Kuzov, the Use of
Force by Peace Officers statute and the statute on Use of Physical Force in Defense of a Person.
In Colorado, a police officer may use physical force in effecting an arrest “only if nonviolent
means would be ineffective in effecting an arrest, preventing an escape, or preventing an imminent threat
of injury to the peace officer or another person.11 Peace officers are required to use nonviolent means
before using physical force.1213
In Colorado, Use of Physical Force in Defense of a Person is an affirmative defense that legally
justifies the actions of a person.14 This is commonly referred to as self-defense and defense of others and
states that “a person is justified in using physical force upon another person in order to defend himself or
a third person from what he reasonably believes to be the use or imminent use of unlawful physical force
by the other person.”15 This allows a person, including a peace officer to use “a degree of force which he
reasonably believes to be necessary for that purpose.”16 Additionally, such a person is relieved of criminal
liability for actions committed under a mistaken belief of fact associated with self-defense.

11 C.R.S. § 18-1-707(1) (2023 as amended).

12 Id.
13 It should be noted that this analysis does not include the statute pertaining to the use of “deadly physical force” by a peace

officer. Under C.R.S. 18-1-901(3)(d) (2023 as amended) deadly physical force is defined as force that “does, in fact, produce
death.” In this case Mr. Kuzov survived his wounds, and therefore, use of deadly physical force by a peace officer is inapplicable.
14 C.R.S. § 18-1-710 (2023 as amended).
15 C.R.S. § 18-1-704(1) (2023 as amended) (emphasis added).
16 Id.

Making just decisions through courage, communication, understanding, and humility.

Reasonableness means that a “reasonable person would have believed and acted as the [person invoking
the affirmative defense] did.”17 The fundamental question is whether Bowen’s use of force in this
situation was reasonable.
The evidence shows that when Bowen attempted to place handcuffs on Kuzov he said “no” and
started backing up. When Bowen drew his taser, Kuzov reacted by trying to grab the taser and throwing
punches at Bowen. Bowen deployed the taser’s probes and pulled the trigger which had no effect.
In this situation it was reasonable for an experienced officer to conclude that Kuzov was
unaffected by the taser because he was under the influence of methamphetamine. There is significant
evidence to support this. Besides being unaffected by the taser, Kuzov did not seem fazed after being shot
and continued to fight Bowen. Through their observations, J.E. and R.M. thought Kuzov was under the
influence of some kind of drug. Kuzov’s behavior at Hellman Motors immediately prior to the incident
indicated that he was intoxicated by some sort of stimulant. Medical personnel attempting to treat Kuzov
noted that he was aggressive and combative. Five staff members had to hold him down at the hospital and
one person said that he was “very hard to control, very strong” and that even though he had a gunshot
wound “it wasn’t really slowing him down at all.” Several medical professionals surmised that he was
under the influence of methamphetamine. In fact, Kuzov tested positive for Amphetamines,
Methamphetamines, Opiates, and Benzodiazepines. Based on this it was reasonable for Bowen to suspect
that Kuzov was high on methamphetamine and as a result had an increased level of aggression and
strength. Additionally, the evidence supports that because of his methamphetamine intoxication, Kuzov
was extremely aggressive, combative, extraordinarily strong, and unfazed by things (taser and gunshot
wound) that would have disabled the average person. This evidence plays a significant role in the analysis
of Bowen’s reasonable belief that firing his weapon was necessary to defend himself, P.O., and/or
unknown persons inside the house from Kuzov’s use or imminent use of unlawful physical force against
them.
Consistent with the statute on the use of force by peace officers, Bowen did attempt to use non-
violent means (taser) to subdue Kuzov before drawing his firearm. Despite being physically attacked by

17 People v. Vasquez, 148 P.3d 326, 330 (Colo.App. 2006).

Making just decisions through courage, communication, understanding, and humility.

Kuzov multiple times, Bowen continued to attempt to gain compliance through non-violent means, i.e.
ordering Kuzov to put his hands on his head and to get on the ground. Kuzov ignored these commands
and started backing away from Bowen towards the house he had previously entered through a window.
He kept saying things like “I’m going to light this mother fucker up!” and “fuck you!” while clenching
and unclenching his fists and aggressively posturing at Bowen.
During this time, P.O. decided to assist Bowen by trying to calm Kuzov down. Despite being
ordered to back up, P.O. ignored Bowen’s orders and kept getting close to Kuzov and at times between
Bowen and Kuzov. In fact, P.O. thought that Kuzov was going to go after him and was forced to retreat. It
was reasonable that an officer in Bowen’s shoes would have been concerned about P.O.’s safety as well
as the safety of anyone in the house if Kuzov decided to retreat inside.
At 08:47:49 of the BWC, it appeared that Kuzov decided to become compliant and interlaced his
hands behind his head. At this time, Bowen was extremely close to Kuzov. The evidence suggests that
Bowen’s extended firearm was approximately 1’2” to 2”2” away from Kuzov’s reach. According to the
expert analysis conducted in this case, it was possible for Kuzov to cover this distance in less than one
second and overtake Bowen before he had a chance to fire. Instead of complying with Bowen’s orders,
Kuzov dropped his arms and started running away. The first visual indication of this occurred at frame
4178 of the BWC when Kuzov flexed his knee forward and his left elbow became visible just under
Bowen’s left forearm. At frame 4184 Kuzov’s partially open left hand became visible as he removed it
from his head. Figure 17. Shows that this visual indication included Kuzov’s hand drawn back and
starting to form a fist. Although it is unknown where Bowen’s attention was focused, there is visual
evidence at this time that Kuzov could have attacked Bowen as opposed to running away.
In addition to the BWC there is other objective evidence as to the reasonableness of Bowen’s
perception that Kuzov was going to attack him. Although P.O. thought that it was unnecessary for Bowen
to shoot Kuzov, he said several things related to whether he (P.O.) thought that Kuzov was going to attack
Bowen rather than running away. P.O. said that in his eyes “there was no threat” but from “the officer’s
eyes, maybe he thought he was going to go after him, cause at one point in time it seemed like he was
gonna go after him.” It also appears that P.O. thought that Bowen didn’t have to shoot Kuzov because

Making just decisions through courage, communication, understanding, and humility.

Kuzov was unarmed and that he (P.O.) and Bowen could have tackled him to the ground. A reasonable
officer in Bowen’s position would not have seen this as an option. First, Bowen did not know whether
Kuzov was armed with a weapon such as a knife that could have put P.O. and himself in risk of injury or
death. Even if Kuzov was unarmed, a physical altercation would pose an undue risk to himself and P.O.
Kuzov’s visible methamphetamine intoxication increased this risk. Second, the BWC shows that Kuzov
attempted to grab Bowen’s taser. Had Bowen chose to “grapple” with Kuzov, there was a risk that Kuzov
could have disarmed him and used his own firearm or other equipment against him.
R.M. said that when Kuzov turned around she didn’t know whether he was going to charge at
Bowen or what he was going to do. J.E. thought that Bowen “had to do what he had to do after being
attacked.” Based on the observations of P.O., R.M., and J.E., Bowen’s perception that Kuzov’s was going
to attack him as opposed to running away was reasonable.
The evidence shows that instead of attacking Bowen, Kuzov ran away, and Bowen shot him in
the back. The forensic video analysis suggests that 1.233 (with a variability of .200 seconds) elapsed
between the first visual stimulus of Kuzov’s flexing his knees and dropping his hands to when Bowen
fired his weapon. According to the use of force experts:

If Ofc. Bowen perceived Mr. Kuzov’s sudden movements as the initiation and
continuation of a violent assault, it would take time for him to perceive the movement,
interpret the movement as an assault, decide to shoot, and perform the motor movements
to shoot. During the 1.233 second response time, if Mr. Kuzov were instead initiating
flight (which appears in hindsight to have been his intent), he would have had time to
turn and begin to run from the officer, exposing his back to the bullet’s impact. Once Ofc.
Bowen made the decision to shoot, if he was focused on the process of responding
(aiming and pressing the trigger) to a perceived threat, we would not reasonably expect
him to be able to simultaneously focus on a continuing threat assessment. We would
expect it to take time for Ofc. Bowen to shift from focusing on his response to focusing on
assessing the threat posed by Mr. Kuzov. Until this shift is accomplished, we would not

Making just decisions through courage, communication, understanding, and humility.

assume that Ofc. Bowen would notice that Mr. Kuzov was actually fleeing rather than
initiating an assault. Ofc. Bowen would again need to perceive, interpret, decide to stop
shooting, and then physically stop. This means that if Ofc. Bowen quickly perceived that
Mr. Kuzov was not assaulting him but instead fleeing the scene, a decision to stop the
discharge of the firearm would still take time to execute. This means that perceiving,
interpreting, and deciding to stop can take over half a second. In this case, the speed at
which Ofc. Bowen was able to stop shooting and that he only fired one round is evidence
that he may have perceived Mr. Kuzov’s flight before completing his initial response to
the sudden movements by Mr. Kuzov. If that is the case, Ofc. Bowen would not
reasonably be expected to stop his initial shot once he began to execute it.

This is supported by P.O.’s perception that Bowen couldn’t believe he shot Kuzov.

Conclusion
Bowen’s decision to shoot Kuzov falls into the realm of the affirmative defenses of “self-defense”
and “mistaken belief in fact.” The evidence supports that Bowen attempted to use non-violent force
against Kuzov which was ineffective. The evidence supports that not only did Kuzov use unlawful
physical force against Bowen, but also that Bowen had a reasonable belief that he was going to
imminently use unlawful physical force against him again, against P.O., or someone who may have been
in the house should Kuzov be allowed to retreat inside. Evidence that Kuzov attacked and physically
assaulted Bowen, his visible methamphetamine intoxication, his continued aggressive behavior toward
Bowen and P.O., his failure to comply with Bowen’s commands, and the perception (supported by the
observations of P.O., R.M., and J.E.) that his movements were an attack rather than a retreat; supports that
Bowen used a degree of force he reasonably believed necessary to prevent Kuzov from assaulting him
again. The belief that Kuzov was going to attack him rather than running away constitutes a mistake of
fact. Evidence that they were extremely close together when Kuzov started moving in preparation for
fleeing; the amount of time it would have taken Bowen to interpret the movement as an assault, decide to

Making just decisions through courage, communication, understanding, and humility.

shoot, and perform the motor movements to shoot; the amount of time it would have taken Bowen to
notice that Mr. Kuzov was actually fleeing decide to stop shooting, and then physically stop; and that
Bowen only discharged one round; supports the fact that Kuzov would have had time to turn and begin to
run from the officer, exposing his back to the bullet’s impact before Bowen had time to realize his
mistake in fact and stop shooting. Bowen’s actions were legally justified under the affirmative defense of
self-defense, defense of others, and mistake of fact. The District Attorney’s Office will not file criminal
charges against Officer Mark Bowen for his justified use of force against Jeremy Kuzov.

Seth D. Ryan
District Attorney

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Officer Involved Shooting: Delta Police Department, Jeremy Kuzov

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SETH D. RYAN 1140 N. Grand Ave.

DISTRICT ATTORNEY’S REPORT

OFFICER INVOLVED SHOOTING: DELTA POLICE DEPARTMENT,

DELTA POLICE DEPARTMENT CASE NUMBER D23-2460. ET. AL.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Description of the Scene:

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Figure 3. 08:46:34 Bowen BWC.

Figure 4. 08:46:34 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 5. 08:46:40 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 6. 08:47:02 Bowen BWC.

Figure 7. 08:47:07 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 8. 08:47:07 Bowen BWC.

Figure 9. 08:47:20 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 10. 08:47:25 Bowen BWC.

Figure 11. 08:47:29 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 12. 08:47:46 Bowen BWC.

Figure 12. 08:47:49 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 13. 08:47:52 Bowen BWC.

Figure 14. 08:47:53 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 15. 08:47:53 Bowen BWC.

Figure 15. 08:47:56 Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Interview with R.K.:

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Figure 16. frame 4178, time 00:02:19.201 of Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Figure 17. frame 4184, time 00:02:19.401 of Bowen BWC.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Figure 18. relative distances between Kuzov and Bowen

Making just decisions through courage, communication, understanding, and humility.

Use of Force Analysis:

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

1 People v. Totenhoff, 691 P.2d 340, 343 (Colo. 1984).

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

8 Berkemer v. McCarty, 468 U.S. 420 (1984), C.R.S. §16-3-103.

Making just decisions through courage, communication, understanding, and humility.

11 C.R.S. § 18-1-707(1) (2023 as amended).

Making just decisions through courage, communication, understanding, and humility.

17 People v. Vasquez, 148 P.3d 326, 330 (Colo.App. 2006).

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

Making just decisions through courage, communication, understanding, and humility.

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