CLEAR CREEK COUNTY, Colo. (KDVR) — A judge has thrown out a request by two officers charged with killing Christian Glass to have their trials dismissed.
Andrew Buen, a former Clear Creek County Sheriff’s deputy, and Kyle Gould, a former sergeant with the same department, are both charged for their alleged roles in Christian Glass’ death in 2022.
Both men were indicted by a grand jury last year and during their court proceedings, have requested their cases be thrown out due to lack of probable cause.
In both cases, the judge denied the motion saying, in part, that the grand jury that indicted them was given proper instruction and that there was probable cause established that they had committed crimes.
Glass calls 911 for help after getting stuck
Buen is accused of shooting and killing Glass on June 10, 2022, in Silver Plume. Glass called officers that day asking for help after his car got stuck on the side of the road.
During the 911 call, court records say Glass expressed thoughts that indicated he was having a mental health crisis.
When Buen arrived on the scene, body camera video shows Glass in the car with the windows down offering to drop knives he had in his possession out the window. Officers told him not to do that.
As officers continued to try to get Glass to exit the vehicle, Buen called his supervisor Sgt. Kyle Gould. After that call, which was not recorded on body camera, Buen told other officers that they had been authorized to physically remove Glass from the car.
Video and reports from the scene indicate police used bean bag rounds and an electric shock device before Buen shot Glass, killing him.
Deputies charged by grand jury, request dismissal
Buen, who is charged with second-degree murder, official misconduct and reckless endangerment, filed a motion asking to dismiss the charges against him from a grand jury indictment saying that they were not given all the evidence and only shown one side.
In the rejection of this request, the judge said that the grand jury’s role is only to determine if there is probable cause that a crime was committed. The judge said this grand jury was properly instructed and came to the decision based on the laws.
Gould, the supervisor, is also charged in this case with negligent homicide and reckless endangerment.
In a court filing, Gould’s attorneys asked to have his charges thrown out for similar reasons. Again, the judge denied this order.
Glass family’s statement
In a statement to FOX31, an attorney said Glass’ family is “pleased but not surprised” that the charges are being upheld.
“However, the Glass family remains frustrated that none of the other officers involved in
Christian’s murder have suffered any consequences. Christian needed intervention and
protection from the other law enforcement officers who were on scene and failed to stop the
unlawful escalation of force against Christian. The Glass family strongly believes that officers
from Georgetown, Idaho Springs, and the State of Colorado should also be held accountable for
their individual roles in the killing of Christian,” a statement from Rathod | Mohamedbhai LLC said.