The Denver Post

Grand jury clears officer in shooting

- By Morgan Mckenzie

A former Greeley police officer will face no criminal charges after a grand jury found his actions justifiabl­e in a shooting that left one man dead in November.

On Nov. 8, Seth Luedtke, a former Greeley officer, shot 33-year- old Benjamin Weise, who was armed with a knife and had warrants for his arrest.

Weise died from the gunshot wounds.

A Weld County grand jury considered charges of second- degree murder, manslaught­er and deadly physical force against Luedt ke, according to the grand jury report. But after conducting an investigat­ion, the jury determined there was no probable cause to believe a crime was committed by the officer.

This case dates to 11:30 a.m. Nov. 8, when Greeley police responded to a warrant attempt at the Meadow View Mobile Home Park. Weise’s father reported to police that he wanted his son removed and arrested for his active warrants.

Court records indicated Weise had active warrants in an Evans police case for failure to register as a sex offender in July 2010. He was required to register after pleading guilty in 2010 to contributi­ng to the delinquenc­y of a minor and nonconsens­ual sexual contact, according to records.

His father indicated Weise lived in the shed at the end of the carport. Upon arrival, officers began communicat­ing with Weise but learned he crawled under the trailer.

Weise previously mentioned if police show up, he would do something to make the officers shoot him, according to his father.

For three hours, officers tried to apprehend Weise at the scene — starting with verbal commands.

Luedtke and additional officers were inside the small, cluttered shed giving commands as Weise emerged from the opening with a knife — about 4 to 6 feet away from police. After the lack of success with nonlethal means, Luedtke fired his gun seven times, striking Weise in the head and upper body, according to the report.

All officers at the scene, including Luedtke, testified before the grand jury to fearing for their safety and the safety of others when Weise refused to drop the knife. The grand jury ruled it was clear Weise was not going to comply with police based on the statements he made to his father and his actions as police tried to gain his compliance.

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