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    District Attorney Report - Brent Thompson

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    27K views36 pages

    District Attorney Report - Brent Thompson

    Uploaded by

    jhbryan
    District Attorney Report - Brent Thompson

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 36
    Gordon P. MeLaughiin echo at 0 Distt Attorney Phorm 70 406720 0 Memorandum Regarding February 18, 2023, CIRT Incident: LCSO #8023-1704, LPD #LP23- 1274, FCPS #FC23-2239, Shoriff John Feyen, The Distict Attorney's office has been asked to review the use of force against, and wlimate death, of Brent Thompson on February 18, 2023, which occured on US Interstate 25 in Larimer County, to determine whether Larimer County Sheriffs personnel or any other partes violated any Colorado criminal states 1. EXECUTIVE SUMMARY Applying the law to the fats ofthis incident, as described in greater detail below, I conclude that there is no reasonsble likelihood of success in proving unanimously and beyond a reasonable doubt that Deputy Lorenzo Laan is criminally culpable for his attempt to effect the atest of Brent ‘Thompson on February 18, 2023. Having concluded that burden eannot be met, no eriminal charges willbe filed agams the deputy. The authority ofthe District Attomey under the lw is limited to determining weer criminal charge(s) canbe ied and does not cover review of officer training procedures or personnel decisions. Additionally, I conclude thatthe driver of the vehicle that hit Mr. Thompson is nt ermnnally responsible forthe erash that resulted in his death Hl, ‘THE STATUTORY FRAMEWORK FOR OFFICER INVOLVED USE OF FORCE INVESTIGATIONS AND REVIEW While this ease dd nt involve an offcer-involved shooting and therefore CRS. § 1625-301 is inapplicable, the incident nonetheless triggered Critical Incident Response Team (CIRT) investigation, This investigation was conducted by a multi-agency team consisting of personnel fiom agencies within the juidition who are members ofthe dst’ Crial Incident Response Team (CIRT), as outned athe 8® Judicial Discs Creal Inedent Proto. Specifically, Fort Collins Police Services was the lead agency, and they were aided by other agencies, including the Loveland Potce Deparines, the Larimer SherifPs Office, andthe District Auomey's Office. This document constitutes report ofthe Distit Attomey"s findings and inches the basis of the decision not to charge the involved peace officer or any other person under any criminal statute I, MATERIALS 8EVIEWED [Ihave been provided mateals produced during the CIRT investigation andthe information Ihave considered includes, but is at limited to: ‘The body wor camera footage ofthe involved peace officers, Reports/summariet of the CIRT investigators Recorded interviews af involved peace officers Recorded interviews of witnesses Computer sided dispatch reports and audio recordings of law enforcement radio traffic Photographic evidence Physical evidence “Maps depicting the geographical area in which the events took place Accident reconstrction analysis AATF firearms trace Expert report from Taser Seene inspection IV, APPLICABLE LAW “The Distriet Attorney's review ofthis event is guided by the Colorado statutes pertaining tothe use of force by peace officers. Deputy Lujan and all other persons refered t as “offices” 0 ‘officers in this eter are peace officers” per statue, See §16-2.5-101-103, CRS. While Deputy Lujan deployed his Taser and Mr. Thompson died during the incident, the use of {ore inthis case is nat considered “deadly force” per Colorado law, asin deploying the Taser the ‘deputy did not intend to eause Mr. Thompson's death. See §18-1-901, C.R.S. (“Deadly physical oree” means fore, the intended, natural, and probable consequence of whichis to produce death, and which does, in fact, produce death, Note ~ a *Tasee”is a conducted energy device primarily used to incapacitate people; the device fires two small, barbed ders intended to puncture the skin and remain atached tothe target to cause immobilization/ineapacitation of the subject. § 18-1-707, CRS. (Use 0° force by peace officers definitions), states in relevant par: (1 Pesce officers, in carrying ou their duties, shall apply nonviolent means, when possible, before resorting to the use of physicl fore. A peace officer may use physical fore only ifnonviolent 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, (@) When physical force is used, peace officer shal: (&) Use unly u degree of forve consistent with the minimization oF injury vo others; (6) Ensure that assistance and medical aid are rendered to any injured or affected persons as soon as practicable; and (@) Ensure that any identified relatives or next of kn of persons who have sustained serious bodily injury or death ae notified as soon as practicable Y. SUMMARY OF LEGAL STANDARD AS APPLIED TO THIS EVENT Distilling the legal euthosty down to an applicable standard to apply to this event, we must determine 1) Whether Deputy Lajan used physical fore? 2) Whether nonviolent means would have been ineffective in effecting an erest, preventing an escape, or preventing an imminent threat of injury to Deputy Lujan or another person in this situation, and the related question of whether Deputy Lagan fist attempted to apply nonviolent means tefore resorting othe use of physical force (ie. the Taser)? 3) Whether Deputy Lujan used only @ degree of force consistent with the minimization of injury to others? 4) Whether Deputy Lujan —or other peace officers ensured that assistance and medical aid were rendered to Mr. Thompson as soon as practicable; and 5) Whether Deputy Lujan ~ or other peace officers ensured that any of Mr. Thompson's ‘dentified relatives ar next of kin were notified as soon as practicable 6) Ifeither ofthe questions summarized in 1) of 2) above is answered in the negative then the District Attorney must decide whether it appears the officer has violated any substantive criminal statute and whether eriminal charges and prosecution are appropriate VI SUMMARY OF RELEVANT FACTS. ‘The following summary of the investigation includes relevant portions ofthe extensive review conducted by the CIRT. Key interviews, evidence, and context are highlighted but it isnot intended to be an exhaustive review ofthe months of investigative work. a, Summary cf Events On February 18, 2023, Larimer County Sheriff's Deputy Lorenzo Lujan was working an overtime patrol shift inthe area of Interstate 25 and Mulberry Steet. Deputy Lujan was near the Americas est Value Inn & Suites (4533 F. Mulberry Street) when he observed a vehicle with its backup lights on and reversing ou of a parking space on the south side ofthe hotel. Deputy Lujan gave the vehicle space to back at of the parking spot, but the vehicle remained idling in that location ‘and Deputy Lujan reported he found that behavior suspltous. ‘The vehicle was identified as «gray Ford Pusion bearing Colorado license plate AQI099. Deputy Lujan completed a records check of the plate and leamed the registration was expired as of February 2022, Believing the vehicle tobe suspicious and deserving of further investigation, Lujan parked his vehicle and walked on foot toward the Fusion. Deputy Lujan observed the vehicle stil parked behind the hotel ard iding but in a different spot. Deputy Lujan retumed to his patrol vehicle in hopes of repositioning to get a view of what may be occurring in the Fusion when he observed the Fusion leave the parking lo te ZY 5 i = Photograph I - Deputy Ligan first observed Thompson parked behind the Amerlea's Bes hoe, Deputy Lujan followed the Fusion onto the southeast Frontage Road. At that time, he observed the registration stickers on the icense plate didnot match the Department of Motor Vehicle records [Lun asked dispatch to rocontiem the registration status was expired before he conducted a tafe stop and dispatch responced, “I confirm itis, thee of 22." CIRT investigators confirmed the license plate displayed registeaton tabs of 2/2023, but the DMV records shoved registration expired as of 9/2022, When the light tuned green, both vehicles turned left onto Mulberry Steet and the Ford Fusion smade a last-second manewwer, crossing the solid white lines, onto the northbound 1-25 on-ramp. Deputy Lujan followed the Ford Fusion onto 1-25 and alerted Larimer County Sherif's Office sispatch that he would be atermpting a trafic stop and requested 2 cover officer As they drove noth onthe interstate, Deputy Lujan noted the vehicle was going much slower than the posted 75 MPH speed mit. At2115 hours, Deputy Lujan activated his overhead lights and initiated the aie stop ws they approached the next ext, exit umber 271 for Mountain Vista Drive, as he hoped the driver would take the offramp as it would provide a safer lncation fora trafic stop than the interstate. The diver took the exit and stopped his vehicle near the top of the offramp. Deputy Lujan approached the driver's side ofthe vehiele and attempted to identify the river. The driver identifi himsel“Jacob Jones" and reported a date of birth of November 30", 1994, The driver provided registation and insurance forthe vehicle, both of which were expired. Deputy Lujan noted the insuranee information matched the name of the registered owner, who the diver identified as his girlfriend. As Deputy Lujan was taking tothe driver, he noticed his eyes were ‘constricted so he asked him about drug or alcohol use that night. The driver denied using ether. Photo 2~ The Ford Fusien driven by Thompson, pictured inthe location it stopped onthe I-25 offiamp on February 18. Deputy Lujan retumed toh vehicle and utilized police databases to run the name he was provided. Deputy Lujan found a “Jacob Jones” with the birthdate provided and could se the photograph of ones didnot match the diver of the Fusion. Deputy Lujan used law enforeement databases to Took at associates of Jacob Jones and ane of the fist individuals he sew was e “Brent Thompson”, Deputy Lujan was abe to view a piture of Thompson and positively identify him as the diver of the Ford Fusion. Dispatch informed Lujan that Thompson's divers Iieense was revoked as an habituel traffic offender ~a person with three or more convictions that would suspend a licens. CART investigators later foand at least two prior instances in whieh Thompson used the same false identification information “Jacob Jones.” Once in 2021, while in contact with Windsor Police Department, documented in WPD 21-11062; and once in 2017, while in contact with the Colorado Slate Patrol, documented ia CSP 3C17-1960. While Deputy Laan was reviewing information i his vehicle, Lavimer County Sherif's Corporal Matthew Bordewick arived asa cover officer. Deputy Lujan showed Bordewick the two pictures and advised him that Thompson had provided a fake name. Based on the totality of his ‘observations, including waat was believed to be suspicious behavior at the hotel, suspected impairment, and the reporting ofa false identity, Deputy Lujan requested a K-9 officer to respond tothe scene: Larimer County Sheriff's Corporal Aaron Hawks advised he would respond to Deputy Lujan’ loation with his K9. Deputy Lujan reapproachel Thompson's vehicle with Corporal Bordewick to eontset Thompson. 5 {As they were approaching, Corporal Bordewick realized he had left his body camera dacked a the Sherif’s Ofice. Corporal Bordewiek told investigators he had docked it there atthe beginning of ‘the midnight shift (around 9pm) to recharge because the battery was running low. When he heard Deputy Lujan request a cover officer, he immediately responded and forgot to bring his body ‘When the deputies reached the vehicle, Deputy Lujan asked Thompson to step out of the vehicle and Thompson complied. Deputy Lujan allowed Thompson to roll hie window up and close the ‘door asa eat was in the vehicle. Deputy Lujan confronted Thompson with the fact that he provided 8 fake name. Thompson nsisted he had not lied and confirmed the false name. Deputy Lujan advised Thompson he vas under arrest, at which point Thompson ran west down a steep embankment toward 1-2S.Deputy Lujan ran after Thompson and aired over his radio that he was in @ foot pursuit, He unbolstered his Taser and gave a use of force command, Deputy Lujan reported he looked tothe sot and dd not see any cas or headlights for a great distance but could not see southbound trafficbecause ofthe overpass structure {At 125 ‘Thompson attempted to jump over the guardrail on the shoulder of northbound -25 but ‘aught his fot onthe guar and stumbled onto the shoulder of |-2Sthe interstate, Deputy Lujan was abe to lose the distance in that ime and he subsequently deployed his Taser. The Taser was effective in creating NMI (neuromuscular incapacittion). Deputy Lujan reported that Thompson was under Taser power fer one eyele (5 seconds). As Deputy Lujan walked through the lane of teavel, he repored seeing a ear travelling northbound and described it as being “closer than expected.” Corporal Bordewick said he saw Deputy Lujan deploy his Taser and that Thompson fell inthe northbound lane of travel en the interstate. Seconds later, Corporal Bordewick observed headlights ‘coming northbound toward them, so he went into the raed and attempted to use his flashlight to stop the approaching vehicle but was unsuccessful. The oncoming vehicle hit Thompson inthe roadway. At the time of de collision, Deputy Lujan was standing in the number ane traffic lane (Ge. the le-most lane) and Corporal Bordewick was standing on the shoulder ofthe road. The impact caused Thompson's body to be pulled further into the roadway. After cealizing he hit something, the driver ofthe SUV pulled ever on the side of the road and backed up to return to the site Deputy Lujan moved Thompson onto to the shoulder and began rendering medical sid by performing chest compressions. At various times, Corporal Bordewick switched into administer chest compressions. Deputy Lujan and Corporal Bordewick requested additonal resources, including emengency medical response, to the scene. Additional deputies arrived on scene and assisted in rendering medical aid. When EMS arived, they took over medieal support and transported Thompson by ambulance tothe Medical Center ofthe Rockies (MCR). Thompson was pronounced deceased at 2201 hours while at MCR. ‘While deputies were on scene fr crime scene security, they were approached by two females, one of whom was identified asthe registered owner ofthe vehicle Thompson was driving. The second female reported that she wis with Thompson right before the accident and she was following him to his mother’s house ta return aca. ‘The next morning, on February 19, 2023, while the scene was still secure, Larimer County Shetif's Corporal Hawks was able to run his K-9 around the perimeter of the Ford Fusion, Corporal Havks indicted his 9 had alerted to the presence of narcotics inside the vehicle. Based ‘om that information, the vehicle was towed to a police lot while a search warrant was sought. A judge signed a search warrant for the vehicle and several items of evidence were collected, including drug paraphernalia fake can storage container, burat tinfoil and pass pipe), narcotes, seven call phones, and a Sig Sauer 1911 handgun, Detectives san an ATF @ureau of Alcohol Tobacco snd Firearms) trace and contacted the purchaser of the firearm ‘ound in Thompson's vehicle, who reported he sold the handgun to ‘Thompson's father in 2018. The narcotics were submitted to the Colorado Bureau of Investigation for testing and were detemined to be LO tablets of Buprenorphine (a schedule V contrelled substance), $ tablets of Azetaminophon and Hydrocodone (a schedule HII controlled substance ‘pharmaceutical preparation), and 2 tables of Oxycodone (a schedule Il controlled substance). Photo 3~ Glass pipe found on floorboard of Thompson's vehicle. Photo 5 Contvolled substances and fate can found in Thompson's vehicle Photo 6~ Evidence marker 3 depicts the location of the gum case as found in Thompson's vehicle. - -_— Photo 7~ Firearm fond in Thonypean'e vehicle and reported to belong to Thompson b, Interview of Deputy Lujan Deputy Lujan agreed to voluntary interview on the night ofthe incident, occurring inthe early morning hours of February 19", Deputy Lujan answered all questions of CIRT investigators, and his answers appeared thal and forthright, The interview was conducted, per CIRT policy, prior to Lujan having the opparunity to view his body worn camera. His explanations were largely consistent with the bady worn camera and othe evidence collected during the investigation. 9 Ljan began by explaining his initial observations of the Ford Fusion and his suspicions of the Vehicle. He reported choosing the location because he knew the area to have impaired drivers. He described these initial observations and the records check ofthe vehicle plates as routine. Lujan waited to see if the vehicle would leave and noticed continued odd driving behavior from the driver. Because of these observations and the expired registration, he decided to follow the vehicle ast eft the hotel and entered northbound I-25, which he described as changing lanes a the “last second” across the solid lites. He then advised dispatch he would be eonducting a traffic stop, He decided to cont the step a the next exit ramp, Which was the Mounain Vista ext a that was the safest option. Lujan reported he was “pacing” Thompson's vehiele northbound, going atthe sume speed, and his ‘odometer indicated they were traveling at S7iph which was well below the posted speed limit, 1nd an unusual speed forthe interstate Lujan initiated a traffic stop and Thompson exited onthe “Mountain Vista offramp aad pulled over. Upon contact with Thompson, Lujan noted the epistation and insurance he was provided were both expired. Lujan explained Thompson's answers were odd and he appeared nervous, specifically while trying to explain why he was traveling northbound if he was heading t0 Loveland, Lujan noted that Thompson's “eyes were a ite bic more constricted than normal.” Laon ‘tated that these observations, in combination withthe suspicious behavior in an area known for drug

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