Man sues Boul­der af­ter po­lice fa­tally shoot son

The Denver Post - - NEWS - By Kirk Mitchell

The fa­ther of a Boul­der man says a po­lice of­fi­cer should have used de-es­ca­la­tion tech­niques rather than shoot and kill his naked son who was hal­lu­ci­nat­ing on LSD while wield­ing a ham­mer.

The civil law­suit was filed Mon­day on be­half of the es­tate of Sa­muel Forgy and his fa­ther, Glen Forgy, by Den­ver civil rights at­tor­neys David Lane, Eleanor We­dum and Kathryn Stim­son.

Forgy, who says his son was not a threat, is seek­ing un­spec­i­fied com­pen­satory and puni­tive dam­ages and at­tor­ney’s fees from the city and county of Boul­der and po­lice of­fi­cer Dil­lon Gar­ret­son.

Boul­der of­fi­cials could not im­me­di­ately be reached for com­ment.

On July 27, 2015, Forgy was act­ing pe­cu­liar while on a LSD and mar­i­juana high when he be­gan mut­ter­ing non­sen­si­cally and sweat­ing pro­fusely. He vomited and re­turned to his room. At 10 p.m. he emerged from his room to­tally nude and pro­claimed he was the mes­siah.

He picked up a chair and smashed it against a wall. His room­mates wres­tled him to the floor.

When he calmed down, they let him up and he grabbed a kitchen knife. His room­mates tried to con­tain him again and he slashed Ben­nett Cos­grove on the fore­head and chin, the law­suit says. One of the room­mates called po­lice, ex­plain­ing that Forgy was out of his mind on drugs, the law­suit says.

Sev­eral of­fi­cers pro­tected with a riot shield re­sponded to a call that 22year-old Forgy had stabbed his room­mate and was in a fren­zied state.

When four po­lice of­fi­cers climbed to the first land­ing of the apart­ment and called for him to come out, the 128-pound Forgy, com­pletely naked, ini­tially com­plied. He then picked up a ham­mer, the law­suit says. Gar­ret­son was at the rear of a di­a­mond for­ma­tion.

About a sec­ond af­ter a fel­low of­fi­cer fired a stun gun at Forgy, Gar­ret­son fired five gun­shots. Forgy was hit four times in the chest and fore­head, the law­suit says.

The law­suit claims Gar­ret­son used ex­ces­sive force and that Boul­der failed to prop­erly train Gar­ret­son and other of­fi­cers on de-es­ca­la­tion strate­gies. Forgy’s death was the re­sult of a broader cus­tom and cul­ture of ex­ces­sive force, the law­suit says.

The law­suit cites other in­stances of Boul­der of­fi­cers us­ing deadly force in­clud­ing on Nov. 24, 2013, when Michael Habay — who was hav­ing a se­vere men­tal health cri­sis — was shot and killed while try­ing to run away from po­lice.

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