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

  1. #31
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    https://www.policeone.com/legal/arti...0LU44y2J9PVMeA

    LARIMER COUNTY, Colo. — Larimer County Sheriff Justin Smith said he will not serve a red flag petition filed by Susan Holmes against a Colorado State University police officer involved in the 2017 fatal shooting of her son.

    Smith called Holmes' filing against CSU police Cpl. Philip Morris "a fraud" in a Wednesday morning Facebook post.
    We are actively investigating this abuse of the system and we will determine what charges may be substantiated against the petitioner, Ms. Holmes," Smith wrote in his Facebook post.

    In his post, Smith cited the "flawed" red flag law that allowed Holmes to file this petition, even though "Holmes has no legal standing, and the petition on its face has zero merit."

    In a YouTube video posted Jan. 13, Holmes said she filed the petition because "I've never seen any justice and neither has my son, Jeremy Holmes ... "I think (Morris) should never have a gun again in his life."

  2. #32
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    While Smith has said he will not serve the petition against Morris, and a hearing on the red flag case is still scheduled for Thursday, according to online court records. There was not a request for a temporary order in this case,
    Ok, I'm confused. She requested a hearing but didn't request the pre-hearing temporary order? Or am I misreading that?

    ...Smith said Holmes' case is an example of "the tremendous procedural deficiencies" in the law...
    I think bypassing law enforcement is a terrible idea in the context of checks and balances. At least the sheriff is putting the Executive branch back in the mix by refusing to serve the order.
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  3. #33
    Site Supporter dogcaller's Avatar
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    https://www.coloradoan.com/story/news/2020/01/15/sheriff-justin-smith-calls-susan-holmes-red-flag-petition-fraud-colorado-csu-police-second-amendment/4476796002/

    She requested the order, but not the temporary part. I’m local and Sheriff Smith is an excellent sheriff. He leans right, but also calls balls and strikes fairly.

  4. #34
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    Some good MAY come of this fiasco as it shows how flawed the law is as written.

    Nobody should be able to apply for an ERPO without supporting documentation from a police investigation.

  5. #35
    Site Supporter JodyH's Avatar
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    Quote Originally Posted by BehindBlueI's View Post
    I think bypassing law enforcement is a terrible idea in the context of checks and balances. At least the sheriff is putting the Executive branch back in the mix by refusing to serve the order.
    Excellent "check" by the Sheriff.

    Too bad many in the judiciary are more than willing to violate their oath of office.
    Any Judge worth a shit would flat out refuse to deny someone their due process no matter what the legislators say.
    Unfortunately there are too many people at all levels of the legal system who think it's their job to serve the system not the people (or justice).
    "For a moment he felt good about this. A moment or two later he felt bad about feeling good about it. Then he felt good about feeling bad about feeling good about it and, satisfied, drove on into the night."
    -- Hitchhiker's Guide to the Galaxy --

  6. #36
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    Quote Originally Posted by dogcaller View Post
    She requested the order, but not the temporary part. I’m local and Sheriff Smith is an excellent sheriff. He leans right, but also calls balls and strikes fairly.
    I'm curious as to why. Does the temporary part require more documentation and she knew she'd lose it? Maybe thought the judge would be more likely to turn her down? Or is she doing this to bring media attention to her supposed plight over her son? Or is she just deranged?
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  7. #37
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    https://www.policeone.com/gun-legisl...5VxfdHrzPvC4u/

    A judge on Thursday denied a petition to seize the guns of a police officer involved in the 2017 fatal shooting of a 19-year-old which was sought by the teen's mother under Colorado's new red flag law.
    I suspect that this will now be a sovereign citizen tactic, along with the normal falsified liens against property, etc.
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  8. #38
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    Why wasn’t she arrested and charged?

  9. #39
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    Quote Originally Posted by Poconnor View Post
    Why wasn’t she arrested and charged?
    I'd be surprised if that's not coming soon.
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  10. #40
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    https://www.lawenforcementtoday.com/...ted-for-fraud/

    We are actively investigating this abuse of the system and we will determine what charges may be substantiated against the petitioner, Ms. Holmes. Because this represents an active investigation, I will not be making any additional comments on this case at this time.”
    - Sheriff Smith

    I haven't seen any further updates. I ran her name in the same case lookup system and didn't come up with anything yet.
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