A federal judge ruled last week that a jury will decide whether four Colorado Springs police officers violated a man’s constitutional rights by chasing him inside his home without a warrant and restraining him as he lay on the floor dying.

Chad Alexander Burnett was mentally ill and allegedly behaving menacingly toward his neighbors. When officers responded, Burnett retreated in and out of his house and made several nonsensical statements. At one point, a sergeant worried they would need to get a warrant if Burnett “doesn’t fall prey to one of our tricks.”

Then, as Burnett conversed with police while standing outside his door, they charged at him, chasing him inside. One officer tased Burnett and others restrained him. Although the officers monitored his breath and pulse while he lay on the floor, he eventually ceased breathing and died.

Burnett’s surviving aunt, representing his estate, sued the officers for excessive force, unlawful entry and failure to provide adequate medical care. The defendants sought to end the case in their favor without a trial, arguing they did not violate Burnett’s clear constitutional rights.

In a Jan. 10 order, U.S. District Court Senior Judge William J. Martínez instead green-lit the case for trial. He wrote that jurors could deem the officers’ force unreasonable and find they delayed life-saving aid. As for the officers’ claim that they were justified in entering Burnett’s home because they were in “hot pursuit” of a potential felon, Martínez clarified that the chase occurred long after the suspected crime and away from the suspected crime scene.

“The crime for which the Officers arrested Burnett was felony menacing of his neighbor(s) with a knife. The Officers do not appear to dispute that this crime occurred on or near his neighbors’ property — not Burnett’s,” he wrote.

Burnett had struggled with depression and mental illness since he was a teenager, according to the estate’s lawsuit. On the morning of May 24, 2020, Burnett’s neighbors called 911 to report Burnett had threatened someone with a knife. Responding officers learned Burnett’s behavior was an “ongoing situation” in his neighborhood near The Broadmoor resort.

Sgt. Michael Inazu and Officer Matthew Fleming attempted to coax or order Burnett to exit his home. Burnett refused, instead claiming he was a priest, a member of the Dutch army and a member of the band Van Halen.

Walking away to confer, Inazu and Fleming again tried unsuccessfully to lure Burnett outside by threatening to ticket him. As the officers congregated in the street, Burnett threw objects outside, yelled and even called 911 on them.

After an hour, Inazu told Fleming and Officer Joseph Daigle that “we’ve got a million different ways we can go with this” and “I think he’s coming with us.” If the officers found probable cause to charge Burnett with felony menacing, “that absolutely changes the game,” Inazu continued.

Before the officers went their separate ways to talk to witnesses, Inazu concluded: “I would love to say we have some kind of hot pursuit. … But I think because of the time we’ve been here, the courts would not look too happily upon that because we’ve kind of established a status quo for our interaction with him. So, I think all said and done, we’re probably going to need to get a warrant to go in there and grab him if he doesn’t fall prey to one of our tricks.”

Ninety minutes after the officers’ arrival, Burnett once again stepped out — now wearing a Toronto Maple Leafs sweatshirt and claiming he played for the team. Inazu started talking with Burnett while Fleming, Daigle and Officer Caroline Barth moved closer. Burnett told them to “stop right there,” but all four charged at him. 

Burnett retreated inside. The officers entered before the door closed and immediately attempted to subdue him. Barth quickly tased Burnett.

“Kill me now,” Burnett said, as Barth tased him two more times.

Burnett continued to struggle and ordered the officers out of his home. Police got him as far as the front doorway before he fell back inside.

“I told you to relax, didn’t I?” yelled one officer.

After struggling for a few more moments, Burnett ceased and lay on the floor. For the next several minutes, officers intermittently observed Burnett seemed to have a pulse. Otherwise, they put a “spit sock” over his head, laughed about their entry into his home and claimed Burnett was “playing possum” while he remained unresponsive.

“We’re sorry this happened, but you have to listen to the police,” Inazu told a motionless Burnett.

Eventually, the officers started to resuscitate him after he stayed motionless. The coroner would subsequently rule his death a homicide. The Fourth Judicial District Attorney’s Office declined to prosecute the officers, citing the “ongoing, unpredictable threat” Burnett allegedly posed.

The officers invoked qualified immunity in the federal lawsuit, which is a judicial doctrine shielding government employees from civil suits unless they violate a person’s clear legal rights.

“Hot pursuit justified the officers’ entry into the residence. Probable cause for felony menacing was established minutes prior to when officers contacted Burnett on a walkway between the driveway and front steps,” wrote the Colorado Springs city attorney’s office. The officers “were not required to end their foot chase at the front door.”

“The record supports the conclusion that there was no immediate or continuous pursuit from the crime scene — but rather a drawn-out effort to get Mr. Burnett out of his house,” countered the plaintiff’s attorneys. “Consequently, Defendants were required to obtain a warrant, and their entry into Mr. Burnett’s home was contrary to clearly established law.”

Martínez agreed the “hot pursuit” exception to the warrant requirement applies when there is a continuous pursuit from a crime scene into a home. In Burnett’s case, the alleged crime of menacing occurred more than 90 minutes prior and outside someone else’s house. Therefore, he could not find the officers were entitled to immunity for their warrantless entry.

As for the use of force, Martínez observed it was not the case that Burnett initially posed a threat to the officers, as they were the ones who charged at him.

“Ultimately, it will be up to the jury to decide if the Officers’ use of force after Burnett was handcuffed and in a prone position was proportionate,” he wrote. “Thus, while evidence of Burnett’s resistance is certainly relevant, it must be considered in context, among other things, of the Officers’ own conduct.”

Martínez has set a nine-day jury trial to begin in May. He has not yet issued a decision about whether the city of Colorado Springs will also face trial for its allegedly deficient training and supervision of its officers.

The case is Estate of Burnett v. City of Colorado Springs et al.