A woman whose son was killed by Colorado State University police in 2017 is trying to confiscate the weapons of one of the officers involved in the state's new red flag law
COLLEEN SLEVIN The Associated Press
January 15, 2020 at 10:23 pm
2 min reading
A woman whose son was killed by Colorado State University police in 2017 is trying to confiscate the weapons of one of the officers involved under the state's new red flag law, a move the sheriff calls a classic example of how controversial law can be abused.
In her January 9 petition for an extreme risk protection order, Susan Holmes said there was a credible risk of Phillip Morris's illegal or reckless use of a firearm because he threatened and killed her son, Jeremy Holmes, from 19, and attacked a university employee in 2013.
Morris's actions were investigated and found to be justified in both cases. A message left to his lawyer was not immediately returned on Wednesday.
The law, which came into force on January 1, is similar to that adopted in more than a dozen other states and is intended to allow family members or law enforcement officials to seek a court order to confiscate the weapons of people they believe may harm themselves or other people. Holmes did not seek emergency removal of the weapons, so no action will be taken until a judge considers it during a hearing on Thursday.
In a Facebook post on Wednesday, Larimer County Sheriff Justin Smith called Holmes' petition, signed under oath and perjury penalty, a fraud and said authorities were investigating what charges she could face. He said he was unable to elaborate the case because of the investigation.
In the section of the form where Holmes was asked to describe his family or family relationship with Morris, she checked the box for having a child in common with him. Holmes told the Associated Press that the language of the law could be interpreted differently, but declined to elaborate before the hearing.
Holmes said he supports changing the law to allow anyone to seek protection orders against police officers who have abused their power.
"I don't have a revenge. I have a desire for justice for everyone," she said.