For the second time, a federal judge last week refused to dismiss the excessive force claims against a Pueblo County sheriff’s deputy who shot and killed a man outside a middle school after the man accidently tried to get into a car he mistook for his own.

Kristy Ward Stamp, mother of the late Richard Ward, alleged Deputy Charles McWhorter, Pueblo County and other sheriff’s officials violated her son’s rights by fatally shooting him, and they violated her own rights by detaining and searching her without probable cause of a crime.

In July, U.S. District Court Judge Charlotte N. Sweeney permitted most of the claims to proceed. After Ward Stamp amended her lawsuit, the Pueblo County defendants once again moved to dismiss. Sweeney, noting the allegations in the new version of the lawsuit were “largely unchanged,” declined to alter her prior reasoning.

“Defendants’ renewed argument is an improper second bite at the apple,” she wrote on Jan. 11.

On Feb. 22, 2022, Ward rode with his mother and her boyfriend to Liberty Point International School to pick up Ward’s younger brother. At one point, Ward left their white SUV and, when he returned, mistook another white SUV for the one he arrived in. After realizing his mistake, he reportedly exited the vehicle, apologized and found the right vehicle.

McWhorter and Deputy Cassandra Gonzales responded to a call about Ward’s behavior. Their body-worn cameras captured the moments leading up to Ward’s death.

“Just looking for my little brother,” Ward explained to McWhorter, opening the SUV door as the deputy approached. Ward had one hand in his jacket pocket, which McWhorter appeared to pull. Ward asked why McWhorter was touching him.

“Why you acting like this?” McWhorter responded.

“I’m a little nervous because I don’t like cops,” Ward said. “They’ve done things to me,” meaning physical force.

McWhorter said he understood Ward was “going around trying to mess with doors.” Ward insisted he thought the other white SUV was his and that he apologized to the woman inside. McWhorter asked if Ward was under the influence or had weapons.

While Ward was going through his pockets, he ingested what the lawsuit described as an anti-anxiety tablet.

“What did you just stick in your mouth?” McWhorter demanded and immediately pulled Ward out of the SUV.

“It was a pill. Let me go!” Ward screamed.

Within 20 seconds of wrestling on the ground, McWhorter shot Ward three times. Ward Stamp and her boyfriend began screaming. McWhorter stood above Ward’s body and did not render aid, nor did Gonzales. Instead, McWhorter shut the SUV door and said he “bloodied (his) nose.”

Ward, 32, died from his injuries.

District Attorney Jeff Chostner cleared McWhorter and Gonzales of criminal liability and The Pueblo Chieftain reported McWhorter received an award from the sheriff’s office one year after killing Ward.

Sweeney adhered to her prior ruling and again found McWhorter, Gonzales and the county could be held liable for excessive force. However, she addressed in more detail Ward Stamp’s revised allegations that law enforcement unlawfully arrested and interrogated her for two hours as they investigated her son’s killing.