Indictments in fatal shooting case against State Troopers unsealed

By: KKCO Email

Updated: Fri 9:15 AM, Oct 22, 2010

Corporal Kirk Firko

GRAND JUNCTION, Colo. (KKCO) - Colorado State Patrol releases a statement in regards to the shooting of 31-year-old Jason Kemp.

“Any loss of life is tragic and our thoughts are with the Kemp family,” said Colonel James Wolfinbarger, Chief of the Colorado State Patrol. “At the same time, we remain concerned about our members. This is a very difficult time, especially for those who serve in the Grand Valley," Colonel Wolfinbarger said.

“The job of a law enforcement officer is extremely complex. Every day officers across this country are faced with situations that require split-second decisions that may have life or death consequences.”

“I am fully confident in our judicial process and now, more than ever, it is important not to rush to judgment, by remaining objective and allowing the process to run its due course.”

Trooper Lawyer and Corporal Firko have been placed on unpaid administrative leave pending the outcome of the proceedings.
_________________________________________________________
GRAND JUNCTION, Colo. (KKCO) - The Grand Jury indictments against two Colorado State Troopers involved in a fatal shooting on the Redlands in July has been unsealed.

According to the indictments, Trooper Ivan Lawyer and Corporal Kirk Firko were accused on a variety of charges in the shooting death of 31-year-old Jason Kemp.

Lawyer has been indicted on charges of criminally negligent homicide, second degree assault, illegal discharge of a firearm, first degree criminal trespassing, prohibited use of a weapon and criminal mischief.

Firko has been indicted on two counts of first degree criminal trespass, two counts of criminal attempt to commit first degree criminal trespass and criminal mischief.

Lawyer was also facing charges of second degree murder and manslaughter but it was recommended he not be charged with those counts by the Grand Jury.

The indictment says Lawyer and Firko were called to an accident near Glade Park Road and South Broadway involving a pickup pulling a trailer and jet ski. Callers said the jet ski fell off the trailer and the truck was stuck in a neighbor's yard. They also said it appeared as if the three people trying to remove the truck were intoxicated.

When Troopers arrived, the truck and people involved were gone from the scene but were found just down the street at 103 B Glade Park Road.

Lawyer and Firko knocked on the door, no one answered. Lawyer, according to the indictment, looked in a front window with a flashlight and saw the person who was described as the driver of the truck inside the house. He was identified later as Kemp.

Troopers say they identified themselves as law enforcement and demanded he speak with them. Lawyer went to the back door to attempt contact and Firko tried the front door handle. The door was unlocked so Firko opened it. The indictment says Kemp tried to close the door on Firko, but had to open it again to grab his dog and Firko was unable to catch Kemp at that time.

Lawyer went back to the front door, the indictment says. He and Firko kicked at it, breaking the frame. Lawyer wedged a piece of the door frame on the threshold so it couldn't be fully closed. Both troopers kept kicking at the door and Kemp kept it closed with his body. He was, according to the indictment, yelling at the officers they couldn't enter the home and had no warrant to do so. He also told them to leave.

The Troopers kept trying to enter the home hoping to arrest Kemp on DUI, failure to report an accident and other charges. Both believed they needed to get him under arrest quickly so the chemical tests needed to prove he was intoxicated, could be performed.

According to the indictment Firko noticed the two other people, Anthony Martinez and Ian Olson, leaving the home from the back door. Firko tried to detain them while Lawyer continued kicking at the front door to reach Kemp. Lawyer went briefly to help Firko with Martinez and Olson.

The indictment says Lawyer worried he'd left Kemp alone long enough for him to grab a weapon. He went back to the front door where Kemp was still barricading it with his body. Lawyer drew his gun, stepped back from the door and kicked it again. This time, it swung open and Lawyer saw Kemp in a darkened room standing next to the door. Lawyer says in the indictment Kemp lifted and extended his arm upward as if he was pointing a gun at him but couldn't see his hands.

The indictment says Lawyer "saw a flash, and believed he, himself, had been shot by Jason Kemp." Lawyer realized he had actually fired a shot at Kemp, hitting him in the chest. The indictment says once he realized this he began CPR on Kemp but was unable to save him. No weapon was found anywhere near Kemp's body.
_________________________________________________________

GRAND JUNCTION, Colo. (KKCO) - A source has confirmed to 11 News a Grand Jury has recommended two of the three Colorado State Troopers involved in a fatal shooting in July be charged in connection to the case.

Our source tells us Trooper Gene Lawyer was indicted on negligent homicide (class 5 felony), criminal trespassing (class 4 felony) and second degree assault (class 5 felony) charges after shooting 31-year-old Jason Kemp.

Corporal Kirk Friko, according to the source, was recommended to be charged with trespassing. Sergeant Chad Dunlap was also at the scene that day, we have no information that he will be charged.

All three troopers all responded to the scene of what was first reported as a hit-and-run accident on Glade Park Road in the Redlands the night of July 20.

A Grand Jury was selected to decided if the charges were to be filed. They convened at the end of September. District Attorney Pete Hautzinger has said this was the most difficult officer-involved shooting case he'd ever dealt with, which is why he asked the Grand Jury to take it up.

He told 11 News the panel's ability to issue subpoenas and question witnesses would be beneficial to the case, but more importantly gave him what he called a "sounding board" to see how normal citizens reacted to certain issues involved in the case.

Colorado State Patrol has told 11 News a press release regarding this case can be expected today but could not confirm any information.

Cell phone call guides pilot to safety

You must be logged in to post comments.

Read Comments

KKCO firmly believes in freedom of speech for all and we are happy to provide this forum for the community to share opinions and facts. We ask that commenters keep it clean, keep it truthful, stay on topic and be responsible. Comments left here do not necessarily represent the viewpoint of KKCO 11News.

by Anonymous on Sep 7, 2011 at 04:47 PM

No knock warrants should not be allowed. They have put innocent people at risk. Since the police don't have to protect the people according to the law, then people will defend themselves. Kemp was foolish and irresponsible and this appears to be an accidental shooting.

You have successfully replied to this comment.
by confused Location: gj on Sep 7, 2011 at 04:31 PM

If the police do not have to protect the people and there duty is to enforce the law, then why is chief Camper refusing to enforce the law? He is negligent and unethical and should be replaced.

You have successfully replied to this comment.
by Liz Location: Arizona on Jun 30, 2011 at 11:53 AM

These two officers have been indicted by the Grand Jury and also are to be arraigned on charges that the Judge says is beyond a reasonable doubt. The judicial system believes them to be guilty and the testimony of witnesses will prove that so. They have not only killed a man but have ruined the lives of many others involved. They need to be given the same treatment as any common criminal. Their uniform only gave them delusions of grandeur. They are not above the law and deserve the toughest sentence allowable!

You have successfully replied to this comment.
by ceanf Location: baltimore on May 25, 2011 at 12:57 PM

to all those who claim that kemp should have compiled 'if he had done nothing wrong'. well sheeple, get this through you thick skulls... the argument that if you have done nothing wrong you have nothing to hide is NOT A REASON OR JUSTIFICATION FOR VIOLATING THEIR RIGHTS. you guys may be willing throw your rights out the window and to bend over and take it from your perceived masters. that does not mean others will. there are people in this country who believe in the constitution and value the rights provided to them by it.

You have successfully replied to this comment.
by American Way Location: Western Colorado on May 21, 2011 at 02:11 AM

Time to take up a collection to get these Kolorado Killer Kops (KKK) the giant economy size tube of extra strength KY Jelly. They're going to need it in Canon City, where they're going to be very popular with the other cons.

You have successfully replied to this comment.
by grneye Location: gj on Nov 7, 2010 at 02:12 PM

The virulent attitude displayed by over half of the people responding to this tragic occurrence is truly disturbing! I'm regret that so many of you are filled with such judgemental and hateful attitudes toward your fellow man, that you feel the need to display yourselves in such a pathetic manner. You are truly more dangerous than any of the men involved in this tragic loss of lives.

You have successfully replied to this comment.
- by jrerules on Sep 7, 2011 at 07:58 AM in reply to grneye
  
  I have to agree with grneye. This is truly a tragic occurence made worse by the hateful attitudes of the people responding to this story. I personally know one of the officers involved in this and know that he would not have acted in the way that he did unless there was a just reason to. No one but the two officers and Mr. Kemp know what happened that night. I don't pretend to know and I would respectfully ask that the hateful, judgemental people posting to this story don't either!
  
  You have successfully replied to this comment.
by Dawn Location: usa on Oct 26, 2010 at 11:12 AM

People need to get the facts first and educate themselves.If Jason kemp was so innocent, he should have complied when police asked him to open door. He left scene of crime remember. When alcohol is involved people don t always make the right decision. I am sure toxicology report will show alcohol level. Its not about who is the good and/or bad guy, it is tragic incident how ever you look at it. I know one of the officers and he is a good guy, not the gun toting guy some make him out to be. Police job is one of the most complex job one can do, dont judge unless u have been there. U dont know what they face everyday. They did not just show up at his door, a concerned citizen called it in.What if he ran over your child n left the scene, you would sure be at his door...The truth will come out.Dont be ignorant..it is unfortunate for both sides. Kemp thought the law did not apply to him at that time, if he was sober it could n would have been different.

You have successfully replied to this comment.
by dan Location: western slope on Oct 25, 2010 at 08:31 AM

The State Patrol is the enemy of the citizens. They are trained to be "the best" but in fact are the most arrogant, power-crazed cops you ever want to meet. There are exceptions, but mostly, they are enemy of the avergae citizen. The attitude of power and arrogance is actually part of their TRAINING. neevr support the State Patrol, they are not your friend.

You have successfully replied to this comment.
by Mike Location: Florida on Oct 24, 2010 at 03:40 PM

The police have no duty to protect you. Just google it. South v. Maryland, 59 U.S. (How.) 396, 15 L.Ed.433 (1856) (the U.S. Supreme Court ruled that local law-enforcement had no duty to protect individuals, but only a general duty to enforce the laws.) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 109 S.Ct. 998, 1989 (1989) Hartzler v. City of San Jose, 46 Cal.App.3d 6, 120 Cal.Rptr. 5 (1975) Police are their to take your money. Comply or Die.

You have successfully replied to this comment.
by Alan Location: Colorado on Oct 23, 2010 at 03:52 PM

This is a sad tragedy, but if Kemp and his buddies were so innocent, why did they leave the scene of a crime? Why did they flee and resist arrest and/or questioning? We're so busy condemning the officers in questions that we fail to recognize the full weight of the situation. No-one should have had to die, however, this fatality could have been just as easily avoided by the actions of Kemp as by the actions of the officers. This is an example of what not to do when pursued by the police. Kemp was clearly being evasive and the officer's had every right to question him and his buddies as suspects in a hit-and-run. Of course there were alternatives that could have been pursued, however, those split second decisions will be evaluated in a court of law and not subject to public second-guessing and hindsight.

You have successfully replied to this comment.

Page:
1 ...
1
2
3
4
5
6
... 6