LARIMER COUNTY, Colo. — A months-long investigation into the death of a man who was struck by a car on Interstate 25 just after he was hit by a Taser deployed by a Larimer County Sheriff's Office deputy found the deputy's use of the device was justified but the use of it near the highway raises "reasonable questions of judgment."
On Friday, Larimer County District Attorney Gordon McLaughlin said in a decision letter that no charges will be filed against the deputy related to the February incident that resulted in the death of 28-year-old Brent Thompson; however, the letter indicates the deputy's failure to fully assess the imminent threat of oncoming traffic was a "clear lapse in judgment."
"It hurts us so bad when this DA can sit there and say what, it was a mistake? There’s no charges to be brought against this person. There is no justice here," said David Thompson, Brent's father.
On Feb. 18, Deputy Lorenzo Lujan spotted a Ford Fusion with expired tags at a hotel on Mulberry Street just off I-25. When that vehicle left the hotel, he followed the driver to initiate a traffic stop. Both vehicles turned onto Mulberry Street, but at the last second, Thompson, who was driving the Fusion, changed course and got on the ramp to northbound I-25, the DA letter says.
According to the letter, Lujan followed Thompson and requested backup for the traffic stop. The two traveled "much slower" than the posted speed of 75 mph and a traffic stop was eventually made near the Mountain Vista Drive exit, the letter says.
At first, Thompson told Lujan that his name was "Jacob Jones," the letter says. When Lujan ran that name, he saw photos of a person that clearly did not match the person driving the Fusion.
Lujan and another deputy who arrived to assist went back to Thompson's car and asked him to exit, which he did. They confronted him about using the fake name, but Thompson insisted that he had not lied. Lujan told Thompson he was under arrest, and Thompson ran down an embankment toward the interstate, according to the letter.
Lujan ran after Thompson, got out his Taser and gave a "use of force command," the letter says. Thompson attempted to jump over a guardrail, but his foot got caught and he stumbled onto the shoulder of I-25, according to the letter.
At about the same time, Lujan deployed his Taser, which hit Thompson, who fell into a lane of traffic where he was hit by an oncoming vehicle. He later died from his injuries.
"He made my coffee every morning and he always would write this cute little note and tell me how much he loved me, and how thankful he was to have me as his mother," said Brent's mom, Karen Kay Thompson. "And you know, I just took that stuff for granted, and now I really miss that."
When interviewed later, Lujan said it was his intention to prevent Thompson from entering I-25 because that posed a risk to Thompson and others on the highway.
Data from Lujan's Taser showed the trigger was activated just before Thompson ran onto the interstate and was active until 0.6 seconds before the vehicle hit Thompson.
The district attorney said in the letter that evidence shows Lujan believed he was acting in a way that would reduce risk to Thompson and others on the roadway. The letter says his belief was "incorrect" and he "exacerbated" an already dangerous situation by "temporarily immobilizing Mr. Thompson in the roadway."
The letter concludes that while the decision to use force at all and to use it on the interstate raised "reasonable questions of judgment," the mere use of the Taser does not violate the use-of-force statute.
It also notes that the Sheriff's Office does not have a policy regarding the use of Tasers near roadways but also acknowledged that this type of incident has never happened before. The letter suggests that specific policies should be put in place in light of what happened.
Thompson's family is being represented by the law firm Rathod Mohamedbhai LLC. Their office issued a statement calling the deputy's actions a "senseless killing" and said the decision to not charge Lujan was a "travesty of justice."
"The District Attorney’s decision makes it clear that there are two criminal justice systems in Larimer County," the attorneys said in a statement. "While one set of standards are applied to the public, a different set of standards are applied to law enforcement."
They called for the deputy to be fired and asked the Colorado attorney general to review the district attorney's decision to not file charges.
SUGGESTED VIDEOS: Investigations & Crime