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Mother of 2017 OIS suspect wants to use Red Flag law to take officer's gun

Colorado Capitol Building
Posted at 3:51 PM, Jan 15, 2020
and last updated 2020-01-16 07:32:00-05

FT. COLLINS — Larimer County Sheriff Justin Smith says he will not serve the latest petition delivered to his office related to the state's new Red Flag law but will instead investigate its filing as a potential act of fraud.

The petition was filed by Susan Holmes who lost her son, Jeremy, in a 2017 officer involved shooting. That shooting, carried out by a CSU-Ft. Collins police officer, was later ruled justified by the District Attorney's office.

Jeremy Holmes was killed near the CSU campus after charging police while armed with a knife. In body camera video from the incident officers are heard repeatedly asking Holmes to drop his weapon.

Sheriff Smith calls the filing of Holmes petition a possible "abuse of the system" saying her case has no legal standing nor merit.

The Holmes filing is not the first to cause controversy and concern in Larimer County.

According to the Sheriff, Larimer County has become "ground zero" for Colorado's Extreme Risk Protection Order Law within just a few days of implementation. He cites a second case from the opposite extreme scenario as another example.

That other filing in the county involved a criminal suspect, David Galton, who was in jail facing charges in connection to making threats to carry out a mass shooting. The Sheriff believes the mental health system failed Falton because had his bond been reduced, given the fact that he is not a convicted felon, he could have easily purchased a firearm in the state.

There will be a hearing Thursday, Jan. 16 at 10:00 a.m. in regards to the Holmes case. The Larimer County Sheriff says he plans to attend. News5 will closely follow the case and bring you updates as they come in.