Man accused of shooting at deputies sentenced to 18 years in prison
The man accused of shooting at Larimer County Sheriff’s Office deputies in 2021 has been sentenced to 18 years in prison between two different cases.
Erik Daniel Locker, 53, appeared before 8th Judicial District Court Judge Stephen Jouard Friday afternoon; the judge sentenced Locker to 16 years in the Colorado Department of Corrections in one case and two years in another case to be served consecutively. While Locker had previously entered a not guilty plea in the case against him regarding the July 2021 incident, he pleaded guilty to attempted firstdegree murder by extreme indifference, a class 2 felony, in late January.
At around 10 p.m. July 28, 2021, deputies received a report of a suspected drunken driver in Berthoud,
according to a previous release from the sheriff’s office.
Ten minutes later, Locker and deputies reportedly exchanged gunfire at Second Street and Welch Avenue, according to a prior press release. All deputies were uninjured, but Locker was transported to Medical Center of the Rockies with injuries that were life-threatening.
In August of 2021, 8th Judicial District Attorney Gordon Mclaughlin cleared the officers involved in the incident of criminal wrongdoing.
Before the sentencing for this plea began, Locker also entered a guilty plea in another case from an incident in May of 2021.
In that case, Locker pleaded guilty to obstructing a peace officer, a class 3 misdemeanor; DUI, an unclassified misdemeanor; resisting arrest, a class 2 misdemeanor; and vehicular eluding, a class 5 felony.
Benjamin Iddings, Locker’s attorney, said the stipulated agreement in this case is that Locker would face two years in prison,
though whether it would be consecutive or concurrent to his other charge was up to the court.
Iddings began the sentencing hearing by calling up several of Locker’s loved ones to speak on behalf.
This included Frank Locker, Erik’s father, who described his son as a good student when he was a kid and a good man.
He said that when Erik Locker was younger he had suffered a fall while rock climbing that not only led to physical trauma, but also made him unable to serve in the Navy, which he had planned to do.
“It was quite a disappointment for him at that point in time,” he said.
He added that Locker would eventually be diagnosed with bipolar depression and also battled alcoholism, which he said fed off of each other for many
years.
He asked that Jouard provide a sentence that allowed Locker to overcome his alcoholism and become a productive citizen.
“He’s a good man with a good heart, but alcohol has had a terrible influence on him,” Frank Locker said.
Shannon Carlson, who said she dated Locker for many years, grew emotional as she spoke of Locker, describing their time together and the impact she saw alcohol have on him.
She said that the entire incident was an uncharacteristic action by Locker, later adding that he is not a criminal and won’t be a repeat offender.
“What he did was horrible,” she said. “But I 100% believe that, had he been on his medication, had he not been drinking, this never in a million years would have happened. It was a perfect storm, and it ended up in this horrific situation.”
During sentencing arguments,
prosecutors argued that Locker should face 18 years in prison, arguing that both situations could have been avoided had Locker just complied with officers.
Deputy District Attorney Lucas Corliss said in the July incident where Locker shot at LCSO deputies, had Locker complied with deputies and placed his hands out of the vehicle, they would not be in court with crimes this severe.
“But he didn’t place his hands outside the window,” he said. “He placed a gun outside the window.”
Corliss also discussed what Locker had said as part of the pre-sentence investigation. He said that Locker claimed he had tried to shoot himself during the incident, but had instead moved and accidentally shot at deputies.
“I don’t believe that is supported by the evidence or frankly by Mr. Locker’s own memory,” he said. “The evidence we have is clear, that this sort of idea … is something that can only be generated by looking backwards.”
Mclaughlin said while he is glad that Locker has such a large group of people who support him and will be there for him as he serves his sentence, he still put others in danger.
He also argued that Locker should not be given a “freebie” on the two-year sentence by having it run concurrent to his 16-year sentence for attempted murder.
“When he violates those orders, the law, (he) puts lives at risk … those should not be treated as some lump sum where he gets the same sentence,” he said.
Iddings argued that both incidents that landed Locker before Jouard were not done with any level of malice, especially given his level of intoxication during both times.
“I know Mr. Locker did not intend on anyone getting hurt but himself,” he said.
He also argued that having
Locker serve an additional two years would not do anyone any good.
“Eighteen years is not going to do anything to help the victims that 16 years wouldn’t do,” he said. “It is not going to do anything to help rehabilitate Mr. Locker that a 16-year sentence wouldn’t do.”
Speaking on his own behalf, Locker apologized for what he had done and said that he takes full responsibility for his actions; this included apologizing to his family and to the deputies that he put in harm’s way.
“I am forever grateful I did not physically injure any person or anyone’s property because of the sequence of events I put in motion that night,” he said.
Jouard said the debate on whether Locker had intended to fire at deputies in July is not part of the discussion as part of the sentencing, and instead would have been brought up at trial.
“What is clear is Mr. Locker placed both himself
and these deputies in a grave situation where, tragically, deputies could have been killed or seriously injured and Mr. Locker himself was in fact seriously injured (by returning fire),” he said.
He did note that Locker’s mental health and his alcoholism, combined with his lack of a criminal history and strong support system, were all important factors in his decision.
Ultimately, he sentenced Locker to a total of 18 years in the Department of Corrections, 16 years for the attempted murder case and two years for the vehicular eluding case to run consecutively.
“I wish you the best,” he told Locker after handing down his ruling. “This is not the end of your time here, and I am persuaded that … there are positive things you will achieve. I believe you will address these issues and you have positive things to devote as your life continues, and I hope you realize that.”