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What is Colorado’s ‘red flag’ law? Mom files case against police who killed her son

A mom has recently filed a case under Colorado’s new “red flag” law against the police officer who shot and killed her son in 2017.

Susan Holmes filed an extreme risk protection order petition on Jan. 9 against Colorado State University Police officer Philip Morris, according to 9News. A hearing is scheduled for Jan. 16. to decide if Morris’ firearms will be taken away from him.

Colorado’s “red flag” law went into effect on Jan. 1 and allows a family member, law enforcement, or a household resident to file to have someone’s weapons removed if “they are deemed by a judge to be a threat to themselves or others,” according to the Coloradoan.

Holmes wrote in her petition that “Phil Morris used his firearm to recklessly & violently threaten and kill 19 year old Jeremy Holmes,” according to 9News.

She falsely claimed that she is “family or household member” by saying she “has a child in common with Morris,” the Coloradoan reported.

Holmes told KDVR that she intends to argue that she has a different interpretation of what to “have a child in common” means, Fox 40 reported.

Police say that they told Jeremy to drop the knife he was holding “more than 40 times” before two police officers shot and killed him in July 2017, according to The Coloradoan.

Holmes claims her son had been going through a “severe drug reaction to the THC in cannabis,” which then led to him being suicidal, the Coloradoan reported in November 2017.

District Attorney Clifford Riedel determined the shooting was “clearly justified,” according to Fox 40.

This story was originally published January 15, 2020 at 8:32 AM with the headline "What is Colorado’s ‘red flag’ law? Mom files case against police who killed her son."

SL
Summer Lin
The Sacramento Bee
Summer Lin was a reporter for McClatchy.
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