Judge denies red flag order petition against CSU police officer

An extreme risk protection order petition filed by Susan Holmes against the Colorado State University police officer who fatally shot her son in 2017 was denied Thursday morning on the grounds that Holmes did not have standing to file the order.

Susan Holmes, the mother of Jeremy Holmes, filed the petition under the state’s new red flag law against CSU police Cpl. Philip Morris on Jan. 9.

Protection orders can be granted for people who have been determined by the courts to pose a significant risk to themselves or others. The orders prevent the person from possessing or purchasing firearms for the next 364 days.

Jeremy Holmes was shot and killed by Morris and Fort Collins police officer Erin Mast on July 1, 2017. Holmes reportedly bared a bayonet and charged officers after being told several times to drop the weapon. The 8th Judicial District Attorney’s Office ruled that the officers’ use of force was justified, and they were cleared of wrongdoing.

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Judge Stephen Howard ruled Thursday that there was not clear and convincing evidence that Holmes and the officer shared a child in common, the option Holmes marked on the protection order petition as to why she was eligible to file the petition.

Howard limited the evidence in the hearing to discussion of whether Holmes had standing to file a petition.

Morris was not present at the trial but was represented by two attorneys from the Colorado Attorney General’s Office.

In a sworn affidavit submitted by the Attorney General’s Office, Morris said he did not have a child in common with Susan Holmes.

Holmes refused to make comments throughout the hearing because she said she didn’t believe that Howard was capable of granting her a fair and impartial hearing. She had filed a motion to have Howard recused from the case on the grounds that he demonstrated prejudice toward her in a previous case. The motion was denied.