Colorado’s new “Extreme Risk Protection Order” law, also known as a “Red Flag” law, went into effect on January 1. So, as predicted, the abuse of the Red Flag law in Colorado should be starting in… 3… 2… 1…
Yep, sure enough, as I’ve been predicting for years about Red Flag laws, the abuse of law abiding gun owners under this law (which is the entire purpose of Red Flag laws) started before the ink had even dried on the statute. What is significant about this Colorado case is that it’s even nuttier than anything I predicted about Red Flag laws.
Two Colorado State University police responded to calls about a man with a knife making threats in Fort Collins back in 2017. They found 19-year-old Jeremy Holmes carrying an 11-inch hunting knife when they responded to the scene. Both officers had body cams on at the time, so the entire exchange was captured on video. Jeremy Holmes kept telling the officers to kill him. Police Corporal Phil Morris tells Holmes on the body cam footage to put the knife down 36 times.
Morris finally decided to holster his weapon and taser Jeremy Holmes, in hopes of incapacitating him. When Morris started to put his sidearm away, Holmes charged him. Morris redrew his sidearm, and both officers shot and killed Jeremy Holmes. It was a clear-cut and tragic case of suicide by cop. A disturbed young man attacked the officers with a large knife, and it cost him his life.
Almost three years later, Jeremy Holmes’ mother has now filed an “Extreme Risk Protection Order” against officer Phil Morris. Yes, really.
Corporal Morris has never threatened Susan Holmes. He’s never even spoken to the woman. He doesn’t know her. But because Corporal Morris shot and killed her son in the line of duty, the vengeful mother is now looking to punish Morris using Colorado’s new Red Flag law.
And the courts are taking it seriously, despite the fact that the law states that you must be a family member or household member who lives with the subject of the Red Flag law to file a petition against them.
It’s being called a “critical test” of the bounds of the Red Flag law. It sounds like a joke, but Corporal Phil Morris could end up being stripped of his Second Amendment right to carry a firearm… for using his gun on duty in a justifiable shooting of a mentally ill attacker.
In her petition to have officer Morris red-flagged, Susan Holmes claimed that she has a “child in common” with Phil Morris (meaning her deceased son, in a twisted interpretation of the law). Susan Holmes checked the box on the petition that states that Corporal Morris “poses a credible threat of or the unlawful reckless use of a firearm.” In her written explanation next to that box, she explains, “Phil Morris used his firearm to recklessly and violently threaten and kill 19-year-old Jeremy Holmes.”
The irony is that officer Phil Morris showed far more restraint in dealing with the obviously mentally ill Jeremy Holmes than most officers would have.
When the District Attorney reviewed the evidence in the case, he praised Morris for going above and beyond in attempting to defuse the situation and save Holmes’ life. He told Holmes to put the knife down 36 times. As he holstered his weapon, Morris stepped away from the cover of his patrol vehicle and was backing away from Jeremy Holmes. Many cops would have shot Jeremy Holmes after two or three warnings if he hadn’t put the knife down, and it still would have been deemed a “justified” shooting.
Phil Morris sounds like exactly the type of cop you would want on your local police force. He didn’t panic and start blazing away at Jeremy Holmes as soon as he felt threatened. He stayed calm and level-headed and tried to talk Jeremy Holmes into putting the knife down. Morris was even putting his firearm away to try to taser Holmes to defuse the situation – and to save Holmes’ life. He only shot the young man when he was left with no other choice.
Now the courts in Colorado will decide whether officer Phil Morris will lose his right to carry a firearm, based on a bogus Red Flag protection order that contains clearly false, perjured statements in it from a person he doesn’t even know.
And that’s the whole point of Red Flag laws, ladies and gentlemen. If a cop can have his gun rights stripped away in a clear case of a justified shooting, what chance do ordinary citizens have against these laws?
Why didn’t the cop just use the taser like he intended ! Really 36 times before he took any action at all ! Something isn’t right about this situation!
The order was denied. Susan C was arrested and charged with two charges
To Matt T-
You say the order was denied, where did you find this information ? I agree completely that this, and most “red flag” orders should be squashed but I would like to know where I can go and see for myself
The police officer had the resources of the police union lawyers to go to court and squash the order. You and I would be paying out of our pockets or be left blowing in the wind with nothing.
The first response up there by Robert is a clear indicator of the problem. Unreality if the left. The 45 Auto was designed because shot enemies at close range were able to kill or injure our soldiers before dying. Charged with a knife = shoot to kill. Period.
Red flags could be used on politicians.
It would seem to me that the mother might need some mental assistance on her side of the picture. Is she truly upset with the police officer or just trying to ease her conscience. The suit should be thrown out it the officer did in fact attempt to keep from shooting the young man. It is a shame that someone who has dedicated his livelihood to helping others should be so abused.
Two officers. Close range. Why can’t one at this close proximity take a leg/thigh shot? That would put this subject down fast and incapacitate him nearly completely. The knife becomes moot at this point as the pain would have the subject writhing and not grasping a weapon but rather his wound. I can never understand why police don’t take the leg/thigh shot at close range. If you can’t hit a subject’s thigh at 10 feet, perhaps you shouldn’t be carrying a weapon in the first place.
CARL, look up and “try” to understand the 20’ rule! You might understand that a Person WITH any Knife can Cover 20’ BEFORE ONE CAN DRAW AND SHOOT TO DEFEND ONES SELF! You WILL be Cut, badly! If not killed! But being the Gun slinger you are, you would Just shoot them in the Leg! That is IF YOU CAN!
First they are trained to shoot center mass, second their is a good chance a shot to the leg would miss so if it did and struck a bystander you would be complaining about that. Third even a shot to the leg may not stop the attacker, their are many cases of soldiers being shot in the leg, stomach and arm and still attacking and killing the person that shot them!
Carl,
Are you a sharpshooter? Olympic pistol champion? Former military, former police officer? Movies are great, anyone can do it, why not just shoot the knife out of his hand. You’ve probably seen it done multiple times on the boob tube, ever wonder why it’s called that. Just think about it.
The officer had no other choice. My dad was a doctor for 50 years. This officer had more patience than dad. Asked 36 times to drop the knife but instead went to go after the police officer. Mom better realize her son Jeremy wasn’t a model citizen. Don’t want to see anyone shot but if it was you mom, how would you have reacted, in a split second? Wake up. You better not need to call the police anytime soon. Maybe then you’ll wake up to reality.
I’m ok with the States dogs and tyranny officers being disarmed
Yep, your right let’s just DE-FUND THE POLICE! And we’ll just never have another person Murdered by “COP”! Or have to worry about having your shop burned down, robbed, wife, girl friend daughter RAPPED! POS comrade!
Really? They tried to enforce an ex post facto law?
This is very old “news” and I plan to query more current sources for a final outcome of charges against this deranged mother. I wonder if Jeremy was related to James, the Aurora theater shooter.
Why are firearms used so much by cops, the liberals made them get rid of an effective non-lethal instrument, a CLUB!!! Many knife situations could be handled with a club.
Of course, I do expect to hear the gnashing of teeth after a few “social” workers get stabbed or shot.
The club should be 4 feet long and carried in the car. The old billy club is too short.
I’m pretty sure I posted a comment on this article last year. Since before Gary Willis was gunned down by a couple of cops, I’ve been posting my objections. Red flag states include a small band of ignorant, tyrannical governors shoving the U.S. to the brink of catastrophe. Red flag laws were created to transfer authority from licensed psychiatrists to unqualified persons more obedient to democrats, e.g., local judges and nosy neighbors.
Nobody wants criminals to have firearms but to be taken seriously, if the accused is a danger to himself (not against the law) or others, he should be legally arrested. In other words, take the man but leave the arms. Every state allows for the involuntary detention of dangerous individuals for psychiatric evaluation. The difference is red flag laws only confiscate arms, the obvious objective.
Criminal prosecution of accusers for malice or lying makes good press but it’s very difficult to prosecute and virtually impossible to prove. Due process requires reports from two psychiatrists, one from each side, legal representation, arraignment, indictment and trial by jury. Public defenders offer little comfort to the accused.
I’ve often wondered how the police, teacher, classmate or aunt would know the rightful owners of which firearms. Seems law enforcement would risk serious lawsuits if they err on that point. Now, more than eight years after seizure, that point is being litigated in Lori Rodriguez v. City of San Jose. Currently it has been accepted by the Supreme Court for conference review. Also submitted for Supreme Court review are Pena v. Cid, Mance v. Barr, and Culp v. Madigan. However, the major cost of these laws is the loss of trust between peaceable, lawful citizens and their elected officials.
Just for debate, I’ve wondered about the issue of an accused having firearms stored at another address. If they’re out of the city or state but easily accessible, the law is useless. Often, judges turn to the line of inheritance codified in state laws to determine the legal custodian of any property. Confiscation is anathema to the U.S. Constitution.
As an analogy, if someone sips too much wine during dinner at home, a crotchety old aunt might be empowered to call the police and have them impound every motorized vehicle from the homeowner — just in case he or she might decide to drive somewhere. Never mind who owns the vehicles.