Judge denies woman's petition to seize a Colorado officer's guns under new red flag law

A photo taken from the body-cam footage of an officer-involved shooting on July 1, 2017. The officer was justified in the shooting. The video is being brought up again because of a recent Extreme Risk Protection Order petition filed against the officer by the mother of the suspect in 2020. The officer was justified in the shooting by the DA's office.
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FORT COLLINS, Colo. (KKTV) - UPDATE 1/16/19:
On Thursday, a judge shot down a Colorado woman's petition to seize guns from the Colorado State University Police Officer who was justified in shooting and killing her son.

In her petition, Susan Holmes claimed there was a credible risk of unlawful or reckless use of a firearm by Phillip Morris because he threatened and killed her son and had a history of being aggressive. The law only allows family or household members or police to seek the removal of guns from someone deemed a danger. Holmes says she is considering an appeal of Thursday's ruling.

WARNING, GRAPHIC VIDEO: Click here to watch the body-camera footage from the deadly shooting that happened on July 1, 2017. The officer was justified in using deadly force for a number of reasons.

ORIGINAL STORY 1/15/19:

A woman is trying to use a new Colorado law to have the guns of an officer confiscated. The officer the woman is targeting was found justified in shooting the woman's son back in 2017.

WARNING, GRAPHIC VIDEO: Click here to watch the body-camera footage from the deadly shooting that happened on July 1, 2017. The officer was justified in using deadly force for a number of reasons. The suspect was armed with a knife and a relative of the suspect told authorities the suspect was going to kill his brother and sister-in-law. The suspect also told the relative that by the end of the day he and probably his brother would be dead. The suspect had reportedly made comments that he was going to charge at police.

The suspect, identified as Jeremy Holmes, was armed with a knife when an officer confronted him following the reported threats. The officer called out to Holmes a number of times, telling him to "drop the knife!" The officer was backing away from Holmes as he asked him to drop the bayonet knife. Holmes can be seen on video charging at the officer with the weapon before the officer opened fire in self-defense.

The CSU officer was identified as Cpl. Phillip Morris.

Click here to read the full report from the district attorney's office stating the officer was justified in the shooting. If Holmes had survived, the district attorney noted he would have been charged with three counts of attempted first-degree murder.

In January of 2020, Holmes' mother filed a petition under the new red flag law to have the officer's guns confiscated. Susan Holmes says there is a credible risk of unlawful or reckless use of a firearm by Morris because he threatened and killed her son and has shown ongoing violence and aggression.

Larimer County Sheriff Justin Smith says the request by Susan Holmes is a fraud and a classic example of how the controversial new law can be abused. A petition can only be filed by a law enforcement officer or family member, under the red flag law. Holmes is claiming she shares ties to a child with Morris in the petition.

The Colorado State University Police Department sent the following statement to 11 News on Morris:
"Colorado State University Police Department Cpl. Morris is not on leave and continues to serve in his capacity as a peace officer at CSU, and continues to lawfully carry his weapons. He does not share a child with Susan Holmes.

Colorado State University does not share whether an employee has been subject to disciplinary action, because that is confidential personnel information.

In 2017, District Attorney Cliff Riedel’s office investigated the incident related to Mr. Holmes and determined that Corporal Morris was justified in his actions and, in fact, took numerous steps to try to deescalate the situation.

Colorado State University believes the DA letter outlining that decision letter speaks for itself. Cpl. Morris’s service to our community as an officer since January of 2012 has been consistently honorable and professional.

A judge will hear the case on Thursday.



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