This article has been updated to reflect that the Temporary ERPO may not have been granted, but it was not denied and the case has moved forward to a permanent hearing. The judge has signed off on the request for the respondent’s counsel among other things.
This sounds like it should be an Onion article, but sadly it is not. This is the reality of how easily abused Colorado’s Red Flag ERPO law has already been in the 14 days since it became law.
On January 9, 2020 a petition was filed by Susan Holmes against Phillip Morris. The petition states that the two have a child in common (a factor that would make Susan a qualifying person to file the ERPO under the law’s broad definition of “family or household member”). If she was not one of the people that fall into the nine categories of “family member”, she would have had to go to law enforcement to request they file on her behalf.
There is a complex history between a Susan Holmes and Phillip Morris in Fort Collins. Phillip Morris is a CSU Police Officer who shot and killed Susan Holmes’ knife wielding son in 2017 and there is no evidence the two have ever had a child in common, as it appears they did not know each other prior to the 2017 incident described below. It is also highly unlikely they have had a child since the incident given the nature of their relationship. The petition cites “ongoing violence and aggression from 2013-2017” as evidence that Morris is a danger to himself or others and an ERPO is needed to ensure he is stripped of any firearms he may own or have access to. It also states there is an ongoing lawsuit. It should be noted 2013 is when Morris was hired by CSU Police.
The ERPO was moved forward by 8th Judicial District Chief Judge Stephen Howard. He signed the request for appointed counsel for the respondent among other things. A Permanent ERPO hearing will take place on January 16, 2020
You can read the entire story here.
What is even more shocking is that Susan Holmes actually posted her filing of the petition and a very long rant on YouTube! She finishes off her ten minute video with “And this is why Colorado citizens should be allowed to file E.R.P.O.’s.”
To learn more about Colorado’s Red Flag Law, obtain attorney resources, and/or report if you’re Red Flagged, visit www.redflagresourcecenter.com.
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