A judge on Monday granted a motion to drop failure to intervene charges against two Division of Gaming officers who were among those on scene the night Christian Glass was shot and killed.

Glass, 22, called 911 for help just before midnight on June 10, 2022, after his SUV got stuck on a rock near Silver Plume. Two Clear Creek County Sheriff’s Office deputies were the first to respond, but eventually six others showed up at intermittent times and stayed as Glass became more and more agitated.

Glass never left his car during the hourlong incident, which ended with his shooting death by an on-duty sheriff deputy just after midnight on June 11.

Colorado Division of Gaming Officers Mary Harris and Christa Lloyd were among six charged with failure to intervene. The charges argued that none of them stepped forward to stop the situation as it escalated out of control.

Former Clear Creek Sheriff Deputy Andrew Buen faces a second trial after a jury deadlocked by one vote on a murder charge against him in his first trial last April.

The 5th Judicial District prosecution team requested to retry him and after one delay, the trial is scheduled to for Feb. 3.

In her ruling, Clear Creek County Court Judge Cynthia Jones said she granted to motion to drop the charges because the statute requiring “peace officers” to intervene to stop excessive force does not apply to Division of Gaming officers.

One of the attorneys who represents Christian Glass’ parents is upset that Harris and Lloyd got off on what he called a “loophole” in the Colorado law, which requires police officers to intervene and report excessive force used by other officers.

“These are all post-certified officers,” said Siddhartha Rathod, the lawyer. “The dismissal of these two officers does not absolve them of their criminal conduct.”

Harris and Lloyd are on the street as is Colorado State Trooper Ryan Bennie and Idaho Springs Police Department Ofc. Brittany Morrow, according to their department’s websites.

Former Georgetown Marshal Randy Williams, former Georgetown Police Officer Timothy Collins, Morrow and Bennie have yet to be tried.

Case history

Prosecutors said Glass was experiencing a mental health crisis when he called 911 for help after he got his car stuck on a boulder in Silver Plume in June 2022.

Several officers engaged with him for more than an hour. After officers unsuccessfully tried to get Glass out of his car, former Clear Creek County Deputy Buen broke Glass’ car window, shot him with bean bag rounds and used a Taser on him before shooting him five times in the chest.

In November 2022, a Clear Creek grand jury indicted Buen, alongside his supervisor, former Clear Creek deputy Kyle Gould, who wasn’t at the scene that night. According to court documents, Gould was watching the encounter with Glass via a live-streamed body-worn camera. He then gave the order for Glass’ driver’s side window to be broken out.

Buen was charged with second-degree murder, official misconduct, and reckless endangerment.

Gould pleaded guilty in November 2023 to “duty to report use of force by peace officers – duty to intervene.” He was sentenced to two years unsupervised probation and ordered to pay a $1,000 fine. As part of the plea agreement, Gould withdrew his POST certification and he cannot work as a police officer or security guard in Colorado ever again.

In May 2023, the Glass family was awarded $19 million in a settlement agreement with Clear Creek County, the Colorado State Patrol, the Georgetown Police Department and the Idaho Springs Police Department — all departments with officers on scene that night. Among the many non-economic terms of the settlement, Clear Creek County has implemented a crisis response team to respond to calls. It is the largest police misconduct settlement in Colorado history.

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