CLEAR CREEK COUNTY, Colo. — It's been more than two years since Christian Glass was shot and killed by a Clear Creek County Sheriff's deputy, and this week, charges were dismissed against two of the officers who were on the scene that day.
"This isn't fair. The people of Colorado should be outraged," said Siddhartha Rathod Mohamedbhai, the attorney for the Glass family.
Several other officers from different agencies were on the scene the night Glass was killed. This week, the criminal charges against two Division of Gaming officers for 'Failure to Intervene' were dismissed.
"The Police Accountability Act says that all POST certified officers must intervene when they see another officer doing an illegal or wrong act. It's basic humanity. It's a basic requirement that we should expect across the entire country of all law enforcement," said Mohamedbhai.
POST is a certification and set of standards established by the State for peace officers; however, not every law enforcement officer in the state is required to be POST certified.
While state law does require:
"A peace officer, as defined in section 24-31-901 (3), who is on-duty shall intervene to prevent or stop another peace officer, including a peace officer who is the handler of a law enforcement animal, from using physical force that exceeds the degree of force permitted, if any, by section 18-1-707 in pursuance of the other peace officer's law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, without regard for chain of command."
The law also defines a "peace officer" as someone who is required to be POST certified.
"The reason [The Division of Gaming officers] were dismissed out of the case was because their positions don't require POST certification," said Mohamedbhai.
While the position doesn't require certification, Denver7 was checked, and both officers whose charges were dismissed are POST certified anyway. The state records even identify them as "Certified Peace Officers."
"The intent of the legislature was to absolutely hold all POST certified officers accountable to make sure that they intervene when another officer is committing a crime or violating the law," said Mohamedbhai.
The Colorado Department of Revenue and the Division of Gaming provided Denver7 the following statement:
The Colorado Department of Revenue and the Division of Gaming continue to extend our deepest sympathies to Christian Glass’ family and friends. We mourn the loss of his life and his potential.
In this situation, the judge made a decision based on the law and we respect the judge's decision. We would refer you to the order for the court’s reasoning.
The Department is committed to doing its part to prevent tragedies like this from happening in the future. To that end, the Colorado Department of Revenue requires all of our POST-certified peace officers to undergo ongoing de-escalation, use of force, and intervention training to better equip themselves with the strategies, tactics, and tools needed to intervene in future situations. Since 2022, we have implemented a new best practices manual, instituted the Active Bystandership for Law Enforcement (ABLE) program that teaches officers how to intervene to prevent misconduct and promote health and wellness, and added scenario-based de-escalation training to our training program.
Officers with the Division of Gaming are required to be POST certified if the duties of their role require it (such as criminal investigation and enforcement of law related to gambling).
Denver7 reached out to the law's prime sponsors, who signed it in 2020 and took effect in 2023. Former Senator Leroy Garcia, Senator Rhonda Fields, Representative Leslie Herod, and former Representative Serena Gonzales-Gutierrez. Garcia resigned from the legislature in 2022, and Gonzales-Gutierrez in 2023.
As of publication, the requests for comment have yet to be returned.
"We must demand of our Colorado lawmakers to revisit and fix this statute to hold all law enforcement officers accountable regardless of their position," said Mohamedbhai. "A teacher or a principal doesn't get to get out from their 'Failure to Report' simply because they teach in first grade rather than seventh grade. A law enforcement officer should not be able to be dismissed from a case simply because they do or do not have one certification."
Andrew Buen, the deputy who shot and killed Glass, was found guilty of reckless endangerment. The jury was hung on the second-degree murder charge. His re-trial for that case is expected to begin in February.
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