Former Clear Creek County sheriff's deputy found guilty of reckless endangerment

GEORGETOWN • A Clear Creek County jury on Friday found the former sheriff's deputy who shot and killed 22-year-old Christian Glass guilty of reckless endangerment, a misdemeanor.

But after two-and-a-half days of deliberation, the panel could not agree on the most serious charge of second degree murder nor on a count of professional misconduct. 

Andrew Buen, 30, faced charges of second-degree murder, reckless endangerment and professional misconduct in Glass' June 2022 death. He declined to comment as he walked to his car after hearing that he would not be going to prison for murder.

"Not at this time," he told reporters who asked how he felt about it. 

As their the decision that they were hung was read, some jurors looked at Glass' parents, Sally and Simon, with tears in their eyes. 

"A jury has to be unanimous, either guilty or not guilty, for a verdict to stick," said former Boulder County District Attorney Stan Garnett. "I've tried a few cops in my time and they are the hard cases. Juries have difficulty with them."

"These charges are difficult to process particularly when you’re dealing with a peace officer who has a right to use force in some circumstances," added Garnett, who is now a defense attorney in Boulder.

Fifth Judicial District Attorney Heidi McCollum said that she has not decided whether she would re-try the case.

"The tenor of law enforcement in Clear Creek County has been tainted and I don't know how long it's going to take for that taint to be lifted," she said. 

Two hours before the jury announced that they could not decide on the second degree murder charge, there was indication that they were struggling. 

Fifth Judicial District Judge Catherine Cheroutes advised them to go back and keep working out a decision.

"It appears to the court that your deliberations have been somewhat lengthy," she said.  

She encouraged them to consult with one another without giving up on their own convictions “solely for the opinion of other jurors.”

Two hours later, they had to admit that there would be no verdict on the most serious charge of second degree murder and on the professional misconduct charge, and family and friends of both sides seemed weary and confused by that outcome. 

As the 10 women and two men filed out of the courtroom, one of them gave a long look at Glass’ parents, Simon and Sally, who sat along a wooden front row bench.

The parties will return to Cheroutes' courtroom on Monday to discuss sentencing. The maximum sentence for reckless endangerment, a Class 2 misdemeanor, is up to 120 days in jail, a fine of up to $750, or both.

Glass' fatal shooting, which gained national attention, occurred in June 2022 on a remote mountain road near Silver Plume just before midnight. Then Clear Creek Sheriff's Office deputies Buen and Tim Collins responded to the call for a “motorist assist.” A tense 70-minute standoff ensued, ending with Buen shooting Glass five times.

Buen's trial was framed by two different theories. The defense suggested that Glass was either high or drunk and had a car full of potential weapons; thus, the deputy had a reason to order him out of his vehicle.

The prosecution tried to prove Buen knowingly caused the death of a man who was undergoing a serious mental health crisis. 

The jury was engaged during testimony, at times stealing glances at Sally and Simon Glass in the front row of the gallery, or at Buen, where he sat at a table with his attorneys. Buen often took notes or quietly talked with his attorneys. He did not show any emotion during the trial.

The jury was tasked with reviewing hours of police body-worn camera video and interviews, as well as law enforcement witnesses, including two 911 operators, Colorado Bureau of Investigation crime scene investigators and use-of-force experts hired by the defense and the prosecution to give their opinions on whether the shooting was reasonable.

Sally Glass, who wore pink in honor of Christian, testified as to why mallets, knives and rock hammers were in his car.

"He would use the knife and a mallet to get a rock out of the ground," she said.

Glass was returning from a three-day art trip to Moab when he got stuck on a mountain road near Silver Plume and called 911 for assistance.

Buen chose not to take the stand in the two-week trial. 

Buen is the only one of the eight officers who were involved in the Glass confrontation that night who has faced trial.

His supervisor, Kyle Gould — who gave the order to breach Glass' SUV window as he watched the event unfold over a live body-worn camera feed from his home — received two years of probation for pleading guilty to failing to intervene in excessive force by a peace officer.

The six officers who were in the field with Buen and who were trying to reason with Glass during the encounter have been charged with failing to stop the incident from escalating. All six are in various stages of the court process. 

The verdict in Buen's two-week trial comes on the heels of trials, verdicts and sentencings in the 2019 death of Elijah McClain. The 23-year-old was walking home from a convenience store when police stopped him, put him in a choke hold, forced him to the ground and paramedics injected him with a fatal dose of ketamine. A 911 caller had reported someone looking "sketchy."

Former paramedic Peter Cichuniec was sentenced to five years in prison last month for injecting the ketamine, which resulted in assault and criminally negligent homicide convictions. 

Also on Friday, Judge Mark Warner sentenced Jeremy Cooper, Cichuniec's colleague the night McClain died, to to 14 months in a work release program, four years of probation and 100 hours of public service. A jury convicted him of criminally negligent homicide.

Three police officers were also tried. 

A jury returned a split verdict for Randy Roedema and Jason  Rosenblatt. Roedema was found guilty of criminally negligent homicide and third-degree assault and in January was sentenced to 14 months in Adams County Jail, along with four years probation.

Rosenblatt and Nathan Woodyard were acquitted in a separate trials.