CSPD provided the following when announcing part of the protest as a riot on Sept. 11, 2020:
"We understand and share in the frustration with delayed enforcement; however, the safety of our community is paramount. Please be assured, delayed arrests do not deter our efforts in holding people accountable for engaging in illegal and dangerous behavior.
The following are excerpts from Colorado law regarding riots:
18-9-101 Definitions
-Riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.
18-9-102 Inciting riot
A person commits inciting riot if he:
-Incites or urges a group of five or more persons to engage in a current or impending riot; or
-Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
-A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
-Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
18-9-104. Engaging in a riot
A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.
The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.
Arrests
Following the riot, CSPD detectives were able to identify several rioters engaging in illegal activity. They also worked with the Fourth Judicial District Attorney’s Office to ensure that these cases and the information they obtained in their investigation were prosecutable.
Arrest warrants were obtained for the following individuals. Search warrants were also acquired for the residences in Denver and Fountain:
36-year-old Sherrie Smith of Fountain, Colorado Arrested in Fountain, Colorado Armed with rifle, pointed rifle at the occupied vehicle of a citizen Menacing – felony Possessing a Dangerous or Illegal Weapon - felony Engaging in a Riot – felony Additional misdemeanor offenses
33-year-old Lloyd Porche of Denver, Colorado Arrested in Denver, Colorado Armed with rifle, engaged in menacing behavior toward the occupied vehicle of a citizen Menacing - felony Engaging in a Riot – felony Additional misdemeanor offenses
20-year-old Charles Johnson of Colorado Springs, Colorado Arrested in Colorado Springs, Colorado Attempted to take cellular telephone from a citizen- value approximately $900 Attempted Robbery - felony Inciting a riot – felony Additional misdemeanor offenses
Federal partners assisted the Colorado Springs Police Department in this investigation.
As this is still an on-going investigation, the arrest warrants have been sealed at this time. Additionally, we do anticipate additional arrests in the near future."