The fifth extreme risk protection order petition filed under Colorado's new red-flag gun law contains false information in an attempt to have a police officer's weapons confiscated — and a judge is still going to hear the case, according to KUSA-TV.
The petition was filed by Susan Holmes, the mother of the late 19-year-old Jeremy Holmes. Jeremy was shot and killed by a Colorado State University police officer in July 2017 after charging at the officer with a knife.
What's wrong with the petition?
Colorado's law allows for family members, household members, or law enforcement officers to file extreme risk protection order petitions against someone.
Holmes' petition falsely claims that she and the officer, Cpl. Philip Morris, share a child together. KUSA reported that the two have no such relation.
In the petition, Holmes calls Morris a "credible threat" to commit "unlawful or reckless use of a firearm," saying Morris "used his firearm to recklessly and violently threaten and kill 19-year-old Jeremy Holmes."
Despite the petition not falling under the requirements of the law, it will still be heard by a judge.
Despite the lack of a familial relationship between Holmes and Morris, a judge in Larimer County did not dismiss th… https://t.co/ZUnkghTaWv— Kyle Clark (@Kyle Clark) 1579047262.0
Why was Holmes killed by the officer?
Jeremy Holmes died in what investigators have called "suicide by cop." Morris and other officers encountered Jeremy Holmes on the sidewalk in Fort Collins. He was armed with a knife.
Morris is heard on body camera repeatedly asking Holmes to drop the knife while backing up as Holmes continued moving forward. Eventually, Morris reaches to holster his gun and prepare to attempt to stun Holmes, and Holmes charged at him. Morris and another officer fired multiple shots, killing him.
Officer-involved shooting of 19-year-old Jeremy Holmes by CSU Police Dept. Corporal in Fort Collins youtu.be
Colorado House Minority Leader Patrick Neville pointed to this case as an example of the danger of red-flag laws.
"We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges," Neville wrote on Twitter. "No recourse to recoup lost wages or reputation. One example of many about how this bill was so horribly written."
@KyleClark We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges… https://t.co/qYjg8goPLz— Rep. Patrick Neville (@Rep. Patrick Neville) 1579050011.0