Boulder County District Attorney Michael Dougherty has determined that a Longmont police officer who fatally shot Dariss Yearby, an unarmed Black 20-year-old, was justified under Colorado’s self-defense and police use-of-force laws. The decision has prompted a Colorado-based Black advocacy group to call on Attorney General Phil Weiser to review the case.
On Aug. 10, a woman called 911 to report that Yearby was inside her Longmont home with her daughter, Hannah Thayer, in violation of a protection order, according to a decision letter by the district attorney. Officers entered the home and found Yearby holding Thayer in a headlock. His right hand was concealed inside a tan backpack pointed toward her head, and he told officers he had a gun. Thayer said he was lying and did not have one.
Officer Joshua Barry then joined the three officers on the scene, according to the letter. Officers ordered Yearby to drop the bag and let Thayer go. Two officers had holstered their guns and drawn Tasers. Then Barry shot Yearby once in the head.
Thayer told investigators Yearby had been her boyfriend, according to the letter. He faced felony charges, including attempted second-degree murder, in a 2025 alleged assault on her. Thayer said that after the couple saw police outside, Yearby told her he would hold her like a hostage so police would shoot and kill him.
The Boulder County Critical Incident Team investigated the shooting. In a letter released Wednesday, Dougherty found Barry was legally justified in using deadly force. “No criminal charges can or should be filed against the officers who rushed to the scene in response to this quickly evolving threat,” he said in a news release.
The Epitome of Black Excellence and Partnership, a Colorado-based Black advocacy group, asked Weiser on Thursday to review the case. “A legal justification for deadly force cannot become a substitute for examining whether that force was necessary, whether alternatives were available, and whether the response reflected the training entrusted to those officers,” MiDian Shofner, founder and CEO of the group, said in a statement.
A spokesperson for the Attorney General’s Office declined to comment.