LAS ANIMAS COUNTY, Colo — A man who was shocked with a Taser multiple times by Colorado sheriff's deputies has reached a $1.5 million settlement to his federal lawsuit.
Attorneys for Kenneth Espinoza announced Monday the settlement in the lawsuit against former Las Animas County Sheriff's Office Lt. Henry Trujillo, former Deputy Mikhail Noel, Undersheriff Rey Santistevan, Sheriff Derek Navarette, the Las Animas County Sheriff's Office and the Las Animas County Board of County Commissioners.
Trujillo and Noel were fired from the Sheriff's Office in August 2023 after an investigation found their repeated use of Tasers against Espinoza, who was handcuffed, was unjustified.
A report from the Pueblo County Sheriff’s Office also recommended a criminal investigation into Noel and Trujillo. It is unknown if a criminal investigation has been launched.
“This settlement is not only a victory for Mr. Espinoza and his family,” said his attorney, Kevin Mehr. “It’s a victory for the people of Colorado and sends a clear message to thugs like this who think a badge is a license for brutality, your day is done. If the sheriff won’t hold you accountable, we will. All eyes are now on Sheriff [Derek] Navarette and his administration to see how they move forward in a way that ensures transparency and that LASCO no longer employs and promotes criminals.”
Espinoza's son was pulled over Nov. 29, 2022, for a traffic stop while his father was driving behind him. When Espinoza pulled off the road behind his son, Trujillo and Noel ordered him to leave.
After initially refusing, Espinoza started to drive away when the deputies ordered him to stay. Noel, who said Espinoza tried to strike him with his truck, then pointed his gun at Espinoza, according to the report. Espinoza was handcuffed, told he was under arrest, taken to the patrol car and stunned with a Taser, the report found.
Noel and Trujillo said Noel was uncooperative, resisting and attempting to harm the deputies by kicking them.
The investigation found Espinoza did not attempt to strike Noel with his truck and "at no time does Mr. Espinoza actively use any force against Lt. Trujillo or Dep. Noel," Santistevan wrote in a letter to the Las Animas County Sheriff in August 2023. He recommended both deputies be fired after reviewing body camera footage and the investigative report.
> Content warning: The videos below contain strong language and violence and might be difficult for some people to watch:
Santistevan added that at "no time did either try to de-escalate this matter, but only made it worse."
Santistevan said he initially reviewed the deputies use-of-force reports, checking only for grammatical and spelling errors. He did not watch the body camera footage at first.
"In hindsight, I now see this was wrong and should have reviewed all documents and watched all body camera videos before approving this use of force," he wrote.
A local, unnamed police officer interviewed as part of the investigation said there had been "numerous" calls complaining of Trujillo's behavior in the past and that the reports were sent to the district attorneys office, but nothing was done.
The Associated Press contributed to this report.
SUGGESTED VIDEOS: Latest from 9NEWS
MORE WAYS TO GET 9NEWS
Subscribe to our daily 9NEWSLETTER
Download the 9NEWS APP
iTunes: http://on9news.tv/itunes
Google Play: http://on9news.tv/1lWnC5n
HOW TO ADD THE 9NEWS APP TO YOUR STREAMING DEVICE
ROKU: add the channel from the ROKU store or by searching for KUSA.
For both Apple TV and Fire TV, search for "9news" to find the free app to add to your account. Another option for Fire TV is to have the app delivered directly to your Fire TV through Amazon.