DA’s office will not file criminal charges against deputy who killed a man

A man who was seemingly unaffected by a Taser charged at an Adams County sheriff’s deputy, punching him and attempting to pull him to the ground, not stopping even after he was shot. The deputy eventually shot the man nine times, killing him.

District Attorney Dave Young’s office released its decision letter on the death Tuesday, announcing that the office would not file criminal charges against the deputy.

On Jan. 16, a neighbor returned with his wife, daughter and bags of groceries to the Pine Tree Village Apartments on Broadway south of Del Norte Street. A man they had never seen before was screaming, growling and acting belligerently in their floor’s narrow hallway, according to the decision letter.

The man, later identified as 27yearold Bailey Turner, started walking toward the neighbor while shouting “LSD is great.” The neighbor put the rest of his groceries inside the apartment, told his wife to call the police, and shut the door.

Turner grabbed the neighbor’s jacket and punched him, according to the letter. The neighbor tried to fight off Turner but was put in a headlock as Turner continued to punch him. He eventually broke free but Turner charged toward him. The neighbor fought back and knocked Turner unconscious. The neighbor went back inside his apartment and waited for police.

Deputy Walter Berlinski, a 15year veteran of the sheriff’s office, arrived and saw Turner banging on a door, yelling “come out.” When Berlinski entered the hallway, Turner looked at him and began to flex his muscles like the Hulk, according to the letter.

Berlinski raised his Taser and told Turner to stop. Turner began to walk toward the deputy, who began to walk backward down the hall.

Berlinski shot the device at Turner, striking him in the chest.

It didn’t seem to affect Turner, who kept advancing before punching Berlinski in the head.

The two fought at the end of the hallway when Berlinski got hold of Turner’s left hand. The deputy repeatedly told Turner to stop before attempting to shock him again. But he missed.

The two continued to fight as Berlinski told Turner to stop, drawing his gun and warning Turner that he would shoot him, according to the letter. Turner came at Berlinski with clenched fists, and the deputy fired multiple rounds.

But Turner continued to walk toward Berlinski, and the two began fighting again. Turner fell backward onto the ground, wrapped his legs around Berlinski, and attempted to drag him down. Berlinski fired multiple shots at him again. Turner stopped fighting, the report said.

Turner died later in the hospital. The coroner’s office determined that Turner had LSD and methamphetamine in his system.

Turner previously had been found guilty of disorderly conduct, violating a protection order, assault and drug and liquor possession charges.