The Douglas County Sheriff's Office filed its first red flag petition in January for a homeless man but eventually withdrew the request because of an already-existing order against him, according to court documents.
The petition, filed by the sheriff's office Jan. 16, states the 34-year-old man has recently threatened violence against himself or others. It also listed a history of using or threatening physical force or stalking against another person as a reason for the petition.
While law enforcement believes the man, who is an inmate in Douglas County, doesn't currently possess any firearms, they made the request to prevent him from purchasing guns in the future, according to court documents.
The affidavit in the case, which includes more details on the allegations against the man, was suppressed by a judge and is unavailable to the public. The petition is signed by a sheriff's office sergeant.
A motion to withdraw the petition was filed the day after the initial request, citing two existing protection orders against the man in Douglas and Pueblo Counties.
“Petitioner (Douglas County Sheriff's Office) believes the Pueblo County and Douglas County orders are sufficient to prevent respondent (inmate) from legally acquiring a firearm in the event of his release from the Douglas County Jail,” according to the document.
The sheriff's office confirmed this reasoning, stating that these protection orders are usually a result of criminal cases like domestic violence. They also prevent the person from purchasing any weapons.
“Unfortunately, the order was not visible to our deputies at the time the ERPO was requested because the courts had not entered it into the court system,” sheriff's office spokeswoman Lauren Childress said.
The motion to withdraw also requested that the affidavit be suppressed because it includes the man's mental health records.
The man has five charges against him, all dating to 2017, according to jail records. His charges include two counts of felony second-degree assault, third-degree assault and harassment.
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