DENVER — Editors' note: 9NEWS spoke with the family of James Herrrera earlier on Thursday before the decision was made to designate his death as a line of duty of death.
James Herrera became the first Denver deputy to die of COVID-19 on May 16, after spending a month in the hospital, and his two sons said their dad died in the line of duty.
Herrera worked as a deputy at the Van Cise-Simonet Detention Center in downtown Denver where there is a current COVID-19 outbreak that was reported to public health at the end of April.
The Denver Sheriff Department has not said if Herrera is included in that outbreak.
His sons, Andrew and Stephen Herrera, said he contracted COVID-19 at the jail.
“Oh yeah," said Andrew.
"He was there more than he was at home," said Stephen.
The sheriff's department said, "the primary decision about whether any injury or death is determined to be line of duty is made by Risk Management. Risk makes an independent determination whether an incident results in a compensable workers’ compensation claim under the Colorado Workers’ Compensation Act."
That decision had not been made yet when 9NEWS spoke with the family.
“I do want to say that I am kind of disappointed right now with the fact that it hasn’t been determined line of duty death and it’s kind of being pushed to the side almost right now," said Andrew.
Democratic state Representative Naquetta Ricks has filed a late bill request for this session that would presume line of duty deaths for all Colorado first responders who pass away from COVID-19.
In Jefferson County, the sheriff's department presumes any deputy who dies of COVID-19 is a "line of duty" death unless they can clearly identify otherwise.
Just one first responder in Colorado who passed away from COVID-19 has been classified as a line of duty death. El Paso County Deputy Jeff Hopkins died last year.
Deputy Herrera's sons said they don't know if he was vaccinated, but they do not plan on getting the vaccine themselves.
"It just comes down to personal opinion and choice on if they want to get vaccinated or not," said Andrew.
There are financial benefits for families whose loved one's death receives a "line of duty" death classification as well as national recognition.
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