Douglas County Sheriff's Office files red flag petition before withdrawing it

The petition was withdrawn because of existing orders against the man

Elliott Wenzler
ewenzler@coloradocommunitymedia.com
Posted 2/3/20

The Douglas County Sheriff's Office filed its first red flag petition in January for a homeless man but eventually withdrew the request because of an already-existing order against him, according to …

This item is available in full to subscribers.

Please log in to continue

Username
Password
Log in

Don't have an ID?


Print subscribers

If you're a print subscriber, but do not yet have an online account, click here to create one.

Non-subscribers

Click here to see your options for becoming a subscriber.

If you made a voluntary contribution in 2023-2024 of $50 or more, but do not yet have an online account, click here to create one at no additional charge. VIP Digital Access includes access to all websites and online content.


Our print publications are advertiser supported. For those wishing to access our content online, we have implemented a small charge so we may continue to provide our valued readers and community with unique, high quality local content. Thank you for supporting your local newspaper.

Douglas County Sheriff's Office files red flag petition before withdrawing it

The petition was withdrawn because of existing orders against the man

Posted

The Douglas County Sheriff's Office filed its first red flag petition in January for a homeless man but eventually withdrew the request because of an already-existing order against him, according to court documents.

The petition, filed by the sheriff's office Jan. 16, states the 34-year-old man has recently threatened violence against himself or others. It also listed a history of using or threatening physical force or stalking against another person as a reason for the petition.

While law enforcement believes the man, who is an inmate in Douglas County, doesn't currently possess any firearms, they made the request to prevent him from purchasing guns in the future, according to court documents.

The affidavit in the case, which includes more details on the allegations against the man, was suppressed by a judge and is unavailable to the public. The petition is signed by a sheriff's office sergeant.

A motion to withdraw the petition was filed the day after the initial request, citing two existing protection orders against the man in Douglas and Pueblo Counties.

“Petitioner (Douglas County Sheriff's Office) believes the Pueblo County and Douglas County orders are sufficient to prevent respondent (inmate) from legally acquiring a firearm in the event of his release from the Douglas County Jail,” according to the document.

The sheriff's office confirmed this reasoning, stating that these protection orders are usually a result of criminal cases like domestic violence. They also prevent the person from purchasing any weapons.

“Unfortunately, the order was not visible to our deputies at the time the ERPO was requested because the courts had not entered it into the court system,” sheriff's office spokeswoman Lauren Childress said.

The motion to withdraw also requested that the affidavit be suppressed because it includes the man's mental health records.

The man has five charges against him, all dating to 2017, according to jail records. His charges include two counts of felony second-degree assault, third-degree assault and harassment.

Elliott Wenzler, red flag law, ERPO, Douglas County sheriff's office

Comments

Our Papers

Ad blocker detected

We have noticed you are using an ad blocking plugin in your browser.

The revenue we receive from our advertisers helps make this site possible. We request you whitelist our site.