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Thread: CO Cop “Red Flagged” by Mother of Deceased Suspect.

  1. #1
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    CO Cop “Red Flagged” by Mother of Deceased Suspect.

    https://www.rallyforourrights.com/co...lice-shooting/

    Cop ERPO Red Flagged By Mother of Man He Killed In 2017 Colorado Police Shooting; Mother Claims They Have Child Together

    So apparently in 2017 Colorado state university police shot and killed a mentally ill young man armed with a bayonet. Now the suspects mother, who has a pending lawsuit against the officers and the CSU police department Has filed a red flag order against one of the officers by falsely claiming the two had a child together. Without checking the facts a Colorado judge issued the red flag order Even though the woman and the officer do not in fact have a child together and she is not legally eligible to request an ERPO against him.

    This is the embodiment of everything wrong with red flag laws. Not to mention that this woman needs to be prosecuted for perjury to the fullest extent of the law.

    On January 9, 2020 a petition was filed by Susan Holmes against a Phillip Morris. The petition states that the two have a child in common (a factor that would make Susan a qualifying person to file the ERPO under the law’s broad definition of “family or household member”). If she was not one of the people that fall into the nine categories of “family member”, she would have had to go to law enforcement to request they file on her behalf.

    There is a complex history between a Susan Holmes and Phillip Morris in Fort Collins. Phillip Morris is a CSU Police Officer who shot and killed Susan Holmes’ knife wielding son in 2017 and there is no evidence the two have ever had a child in common, as it appears they did not know each other prior to the 2017 incident described below. It is also highly unlikely they have had a child since the incident given the nature of their relationship. The petition cites “ongoing violence and aggression from 2013-2017” as evidence that Morris is a danger to himself or others and an ERPO is needed to ensure he is stripped of any firearms he may own or have access to. It also states there is an ongoing lawsuit. It should be noted 2013 is when Morris was hired by CSU Police.

    The Temporary ERPO was granted by 8th Judicial District Chief Judge Stephen Howard. A Permanent ERPO hearing will take place on January 16, 2020 – just 7 days after the initial hearing, not 14 days as the bill stated.
    Last edited by HCM; 01-14-2020 at 07:30 PM.

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    What the actual fuck? Why wasn’t that immediately thrown out given the totality of the circumstances? Or is the Red Flag law there that badly written?

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    Member cor_man257's Avatar
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    I could say I'm suprised, but I'm not.

    These laws were designed to be ripe for abuse. Will politicians care when it's the police and not the governed? Who knows.

    -Cory

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    Member Alpha Sierra's Avatar
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    Quote Originally Posted by cor_man257 View Post
    Will politicians care when it's the police and not the governed?
    They will not

    We're fast approaching the point of no return

    Watch Virginia carefully

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    This is seriously fucked.
    Ken

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    Quote Originally Posted by HCountyGuy View Post
    What the actual fuck? Why wasn’t that immediately thrown out given the totality of the circumstances? Or is the Red Flag law there that badly written?
    The judge issued the order based on the mothers statements only. Red flag requests or X partake proceedings meaning only one side is present. There is no opportunity for the officer to point out herLies until the next hearing in seven days.

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    She needs to be hammered, civilly and criminally. But I wouldn't be surprised if they let it go because they don't want to have a "chilling effect" on other people reporting...

    I was talking to an attorney who also serves as a pro tem (substitute) judge yesterday, and that attorney flat-out confirmed that judges are just rubber-stamping every order of protection and injunction against harassment, figuring that if it's BS the subject of the order can fight it at a hearing. This is just the first of many to come...

  9. #9
    Moderator BehindBlueI's's Avatar
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    Quote Originally Posted by Sero Sed Serio View Post
    She needs to be hammered, civilly and criminally. But I wouldn't be surprised if they let it go because they don't want to have a "chilling effect" on other people reporting...
    Per the CO law:

    WITHOUT NOTICE TO THE RESPONDENT BY
    INCLUDING IN THE PETITION FOR AN EXTREME RISK PROTECTION ORDER AN
    AFFIDAVIT, SIGNED UNDER OATH AND PENALTY OF PERJURY, SUPPORTING
    THE ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER THAT
    SETS FORTH THE FACTS TENDING TO ESTABLISH THE GROUNDS OF THE
    PETITION OR THE REASON FOR BELIEVING THEY EXIST AND, IF THE
    PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER, ATTESTING THAT THE
    PETITIONER IS A FAMILY OR HOUSEHOLD MEMBER.
    We'll see what the prosecutor decides to do with it, and at least in some states there's a specific charge of false reporting for filing a fraudulent complaint against a police officer.

    Bypassing law enforcement for this sort of thing creates more potential for abuse, IMO. A judge's role shouldn't include investigations.
    L'otters are not afraid.
    WWOMJD?

    Quote Originally Posted by UNM1136 View Post
    Maybe with talented students I would lube up with baby oil and then go at it.

  10. #10
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    My agency pursues charges for false reports, but I understand that is not always the case.

    And we have no control of prosecutors.
    (Formerly known as Sotex.)

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