FORT COLLINS, Colo. (CBS4)– After failing to use Colorado’s “Red Flag Law” to seize the firearm of a police officer, Larimer County Sheriff Justin Smith has added Susan Holmes to the county’s most wanted list. After police shot and killed her son for charging them with a knife, Holmes attempted to claim one of the officers from Colorado State University was the father of her child.
She hoped that claim would help her use the Extreme Risk Protection Order (ERPO) to have the officer’s gun taken away.
Holmes was warned by a judge that her potentially false claims could be used against her in future court proceedings, which is what is now happening.
“A warrant has been issued. We have been unsuccessful at apprehending her,” Smith told CBS4’s Dillon Thomas.
Smith said Holmes now faces perjury and attempt to influence an officer charges, both are felonies. Both charges came after Holmes filed court documents, and certified that her claims of the officer’s alleged relationship with her were fact.
Smith hoped filing charges against Holmes would send a message not only to Holmes, but to others who hope to use Colorado’s ERPO Red Flag Law improperly.
“It is important to send that message quickly and loudly,” Smith said. “We aren’t going to stand for abuse of this statute.”
The ERPO was denied by a judge in Larimer County after Holmes refused to present evidence that the CSU officer shared a child with her. She claimed she felt the judge was biased against her after a previous case.
After the case was dismissed, Holmes told CBS4’s Dillon Thomas she stood by her claims which now bring her charges.
“I didn’t falsely make a claim,” Holmes said.
“Do you still believe you have a child with the officer?” Thomas asked.
“I cannot address those kind of questions,” Holmes said.
“You laughed when they said the officer is an outstanding member of the community, and is an outstanding officer. Can you tell us why you have that expression?” Thomas asked.
“Because he is violent. He has a history of violence. He killed my son,” Holmes responded.
Smith accused Holmes of blatantly lying to the court, all in hope of attacking the officer who was cleared of any wrong doing in the 2017 shooting.
“A mother’s grief can only go so far,” Smith said. “To abuse a law in that form is very dangerous.”
Smith said the arrest warrant for Holmes included nation-wide extradition orders.
“By sending this message, we reduce the chance this could happen in the future. So, it is the right thing to do,” Smith said.