A Colorado mother whose son was shot and killed by a police officer has filed to confiscate the officer’s firearm under Colorado’s newly enacted red-flag law.
In a video posted online Monday, Susan Holmes of Fort Collins showed paperwork for an extreme-risk protection order [ERPO] against Cpl. Phillip Morris of the Colorado State University police force. A hearing is scheduled for Thursday, as reported by 9News in Denver.
“Phil Morris has used his firearm to recklessly and violently kill my son, 19-year-old Jeremy Holmes,” said Ms. Holmes on her SocialJusticeProjectFortCollins page on YouTube.
It’s doubtful the filing will be successful. Under state law, the applicant for a protective order must have a relationship with the respondent. Ms. Holmes checked the box that said, “I have a child in common with the respondent,” which she does not.
Still, her petition, coming less than two weeks after the red-flag law took effect Jan. 1, appeared to buttress the concerns of foes who argued that the measure aimed at removing temporarily guns from those who pose risks to themselves or others could be abused to harass law-abiding firearms owners.
“We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges,” tweeted Colorado state Rep. Patrick Neville, a Republican. “No recourse to recoup lost wages or reputation. One example of many about how this bill was so horribly written.”
We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges. No recourse to recoup lost wages or reputation. One example of many about how this bill was so horribly written. #copolitics
— Rep. Patrick Neville (@PatrickForCO) January 15, 2020
Jeremy Holmes, a Colorado State student, was killed in July 2017 after he “charged the officers while wielding an 11-inch knife, despite more than 40 warnings for him to drop the weapon,” according to the Coloradoan.
The shooting was ruled justified. Ms. Holmes had contacted police earlier that day with concerns about her son’s mental state after he told her he wanted to incite officers to kill him.
“Why did I file this ERPO under the red-flag law?” asked Ms. Holmes in the video. “Well, I’ve never received any justice, and neither has my son Jeremy Holmes. He was slaughtered by Officer Phil Morris.”
So far five petitions have been filed for protective orders since the law went into effect, 9News reported.
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