IDAHO SPRINGS, Colo. (CBS4) – A now-former Idaho Springs police officer charged with felony assault of an at-risk person for tasing an unarmed 75-year-old man has been offered a plea deal. The man’s family says it’s a slap on the wrist. According to an email sent from the Clear Creek District Attorney’s Office to the man’s attorney, the deal would lessen the charge to a misdemeanor.
“It just is disgusting, disgusting. That’s the only word I can come up with. It’s heartbreaking, disgusting, and infuriating,” said the man’s daughter, Cynthia Flageolle.
Police body camera video released by the Clear Creek District Attorney’s Office shows on May 30, Nicholas Hanning, a police officer for Idaho Springs at the time, tased Michael Clark, 75, in his own apartment while he was unarmed and wearing only boxers.
Police were called to Clark’s apartment complex on May 30, after a neighbor claimed an older man living next door hit her.
When officers knocked on Clark’s door, he answered with a long, saw-tooth knife in hand, saying he didn’t know it was the police at his door.
Body camera video shows police did not announce themselves when knocking, and did not stand in view of Clark’s peephole.
In the video, Clark put the weapon down when asked, but when he would not get on the ground when police demanded, Hanning tased him.
Hanning has since been fired from the police department. Following the tasing incident, Clark’s family says he suffered a stroke, which resulted in serious brain injury. His family says he now needs 24-hour care.
“(Hanning) is in a position that he’s supposed to serve and protect, and he did no serving or protecting in this case,” Flageolle said.
Flageolle says her dad never hurt anyone, and did not deserve to be targeted that night.
“(Hanning) could get up to two years and I think a $5,000 fine,” Flageolle said. “My dad’s medical bill for just a room and board, not the surgery, not the doctors, was $276,000.”
Flageolle says she felt the Clear Creek County District Attorney has been biased towards Hanning, being a former officer in law enforcement.
“My dad is a victim in this case, and he’s had nothing,” Flageolle said. “There is no working with the DA, they have been working against us, totally against us.”
The Clear Creek DA would not comment, saying the office “doesn’t typically comment about the outcome of ongoing cases.”
A court hearing on the matter will be held this Thursday at 2 p.m., at the Clear Creek County Courthouse.