Lawsuit filed in man’s death on I-25 after Larimer County deputy uses Taser
Editor’s note: This story has been updated to correct an excerpt from a quote that was out of context.
DENVER (KDVR) — The parents of a man who was hit by a vehicle and killed on Interstate 25 after a Larimer County deputy used a Taser against him have filed a lawsuit.
Rathod Mohamedbhai LLC is representing the estate of Brent Thompson and his parents Karen Kay and David Thompson. The attorney’s office announced Tuesday morning that a lawsuit has been filed against Larimer County Sheriff Deputy Lorenzo Lujan.
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On Feb. 18, 2023, at 9:15 p.m., Lujan pulled over Thompson, 28, for expired tags.
According to the Larimer County Sheriff’s Office, Lujan and Thompson had a brief conversation before it was determined that Thompson gave a fake name and was asked to get out of the car. Per the lawsuit, Thompson allegedly told Lujan his name was “Jacob James.”
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The lawsuit says that the conversation between Thompson and Lujan was short and non-violent.
Thompson complied with the deputy’s orders and got out of the car. According to the lawsuit, Lujan asked Thompson for his name and confronted him about using a false name. Thompson allegedly repeated the false name and that’s when Lujan informed Thompson he was under arrest.
At that point, Thompson ran from Lujan towards the interstate. Lujan pursued Thompson on foot onto the northbound lanes of I-25.
The sheriff’s office confirmed that Lujan deployed a Taser once Thompson had entered the interstate. According to the lawsuit, Lujan was standing on the shoulder of the highway when he deployed the Taser.
Body camera footage shows Thompson becoming incapacitated after being stunned and collapsing on the ground. Lujan notices the oncoming traffic and utters some profanity before moving to the side of the highway, according to the lawsuit.
“Deputy Lujan did not attempt to move Mr. Thompson to a place of safety so that
he would not be run over,” said the attorneys in the lawsuit.
Brent was then hit by a passing car. He was taken to the hospital where he was pronounced dead.
Investigation: Driver did not have time to stop
The Eighth Judicial District Critical Incident Response Team was activated to investigate the crash, and per the lawsuit, it was determined the driver did not have enough time to avoid the collision.
“According to the Critical Incident Response Team’s (CIRT) investigating Mr. Thompson’s death, ‘in this case, there were three pedestrians wearing dark clothing on a dark roadway. Deputy Lujan was standing on the left side of the Ford Explorer driver, Brent Thompson was lying on the roadway directly in front of the driver, and Corporal Bordewick was standing on the right side of the driver. Given this scenario, the only response available to the driver was to emergency brake and stop to avoid a collision,'” said the attorneys.
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It was also noted in the lawsuit that Lujan and Thompson were dressed in dark-colored clothing, making it difficult for oncoming traffic to notice.
According to the lawsuit, once the car passed, Lujan handcuffed Thompson and attempted first aid before an ambulance arrived.
Attorneys claim death was ‘avoidable’
The attorneys claim Thompson’s death was “wholly avoidable.”
“Any reasonable person knows or should know that tasing someone on I-25 in the dark of night is a death sentence. Deputy Lujan’s conduct constitutes excessive force in violation of Colo. Const. Art. II, Section 7 of the Colorado Constitution. In addition, Deputy Lujan is liable for wrongful death under state law,” said the family’s attorneys.
The lawsuit lists several claims of relief, including that Lujan used “objectively unreasonable physical and deadly force by tasing him [Thompson] on a heavily trafficked interstate at night,” as well as battery causing wrongful death.
Deputy found not criminally responsible by DA
In July 2023, 8th Judicial District Attorney George McLaughin concluded his investigation into Lujan and released a 34-page letter.
According to McLaughin, Lujan was not criminally responsible for Thompson’s death, even though the letter states he used poor judgment in deploying his Taser.
The letter also detailed Thompson’s alleged drug use and his personal life. All of which the attorneys and family felt were irrelevant to the case.
FOX31 reached out to the Larimer County Sheriff’s Office and received this statement:
In the interest of transparency with our community, I provided information and insight about this case when it occurred and when the CIRT investigation concluded. This new civil litigation doesn’t change what I’ve shared with our community or media over the last year and a half.
Every incident provides an opportunity to reflect and grow as an agency. This incident has prompted discussions about the challenges and considerations when it comes to decision-making, especially in evolving incidents with many situational factors to consider. While it’s crucial that we continue evaluating and adjusting as situations evolve, we also have to acknowledge that environmental and human factors (like recognition and reaction time) will have an effect. We frequently encounter unique and unpredictable situations, which is why we train deputies to use the information they have available in the moment and act based on the Safety Priorities. Safety Priorities are the national standard that define law enforcement decision-making, prioritizing victims, then bystanders, then first responders, and then suspects.
The District Attorney determined that the deputy’s actions were legally justified as he tried to stop Mr. Thompson from endangering innocent motorists. The deputy was forced to make a choice with no easy answer: act and try to stop the suspect, or stand by passively and simply hope no innocent people got hurt. We will continue to discuss this challenging case in training and internal conversations about dynamic decision-making, Safety Priorities, and the consequences of action or inaction.”
Larimer County Sheriff John Feyen
FOX31 speaks with parents
FOX31’s Vicente Arenas spoke with Thompson’s parents ahead of the release of the lawsuit.
“I would like for them to understand the devastation that they have caused for Brent’s family and the void that their actions resulting in his death have left us with a big void and huge absence,” said his mother, Karen Kay.
Thompson’s father, David, acknowledged that a lot more needs to be done.
“There has to be real training. If you’re not skilled in what you need to do on a roadside then maybe you shouldn’t be an officer,” said David.
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“His whole life was in front of him, he was only 28 years old. He had so many things he dreamt of doing and he was going to accomplish, and it was all taken away from him and it’s really sad,” said Karen Kay.
On behalf of the Thompsons, the attorneys are demanding a jury trial.
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