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Mom uses Red Flag law to file for protective order against college police officer who killed her son

Posted at 10:53 AM, Jan 15, 2020
and last updated 2020-01-15 10:53:41-05

LARIMER COUNTY, Colo. (KDVR) - A woman has filed a petition and affidavit for an extreme risk protection order (ERPO) against the Colorado State University police officer who fatally shot her son in 2017.

The paperwork was filed Jan. 9. A judge will hear the case Thursday.

To file an ERPO, someone must meet certain conditions, such as living with or be related to the gun owner.

In the ERPO, under penalty of perjury, Susan Holmes claims she has a child in common with CSU police Officer Phillip Morris.

Holmes told KDVR she planned to argue in court that she had a different interpretation of what “have a child in common” actually means.

Susan Holmes' son, Jeremy Holmes, 19, was killed during an encounter with Morris and another police officer on July 1, 2017. Holmes possessed a large hunting knife at the time and body camera footage shows he started running toward the officers with the weapon before they opened fire.

District Attorney Clifford Riedel found the shooting to be “clearly justified.”

In the ERPO, Holmes says Morris "used his firearm to recklessly and violently threaten and kill 19-year-old Jeremy Holmes."

A total of five ERPOs have been filed in Colorado courts so far.

Two were filed in Denver County, two were filed in Larimer County and one was filed and denied in Lincoln County.