Jury convicts former Boulder County deputies of manslaughter

Two erstwhile Boulder County sheriff’s deputies were recovered blameworthy of manslaughter successful the 2018 decease of 23-year-old Demetrius Shankling connected Friday, with the assemblage deliberating for astir 8 hours earlier announcing the verdict.

The associated proceedings for James O’Brien, 52, and Adam Lunn, 39, began past week aft galore delays owed to the coronavirus pandemic.

Testimony wrapped up Thursday aft some men declined to attest successful their ain defense, and attorneys finished closing arguments Friday morning. The assemblage began deliberating astatine astir 10:45 a.m., returning with the blameworthy verdicts conscionable earlier 7 p.m.

O’Brien and Lunn, who present look imaginable sentences of betwixt 2 and six years, were some charged with manslaughter successful Shankling’s death, which Colorado instrumentality defines arsenic erstwhile a idiosyncratic “recklessly causes the decease of different person.”

In a statement, District Attorney Michael Dougherty said the jury’s determination was the close and conscionable outcome.

“But for the acts of suspect James O’Brien and suspect Adam Lunn, Demetrius Shankling would beryllium live today,” Dougherty said. “Instead, due to the fact that of them, the 23rd day helium celebrated that nighttime was his last. The blameworthy verdicts bespeak what members of instrumentality enforcement, including Sheriff Joe Pelle, instantly recognized astir the actions of these 2 individuals connected September 9, 2018. They are afloat liable for the decease of Demetrius.”

Defense lawyer Carrie Slinkard could not beryllium reached for remark precocious Friday.

According to an apprehension affidavit, O’Brien and Lunn were called by Boulder constabulary to prime up Shankling astatine 2:20 a.m. Sept. 9, 2018. The affidavit said that the 2 deputies were moving an other displacement astatine that clip doing transport duties for the Addiction Recovery Center.

According to assemblage camera and transport van surveillance, the 2 deputies physically placed Shankling connected his tummy with his hands down his backmost successful 1 of the transport van’s holding compartments, which incorporate benches with spot belts.

The passenger-side rear compartment, wherever Shankling was placed, is little than 5 feet successful magnitude and Shankling was 6 feet tall, according to the affidavit. For Shankling to fit, the man’s legs had to beryllium lifted disconnected the floor. The affidavit says the deputies pressed connected the compartment doorway to get it shut, causing Shankling’s near limb to get wedged against the wrong of the door.

Shankling was successful the van for 16 minutes portion being transported to the Addiction Recovery Center. When the deputies arrived astatine the center, they recovered Shankling unresponsive and not breathing.

Assistant District Attorney Ken Kupfner and Senior Deputy District Attorney Christian Gardner-Wood said during closing arguments that owed to Shankling’s height, helium ne'er should person been placed successful a transport abstraction that was little than 5 feet successful length.

“To beryllium clear, Demetrius Shankling died due to the fact that of James O’Brien and Adam Lunn and their reckless behaviour and reckless action,” Gardner-Wood said. “It’s not the sheriff’s office’s fault, not the van’s fault.”

Gardner-Wood said the 2 radical liable for Shankling’s information “shoved him into that van that compressed his assemblage and fto him dice implicit the adjacent 16 minutes.”

Kupfner recapped from his opening arguments that some deputies had grooming connected positional asphyxia which, on with the combined toxic effects of intoxicant and amphetamine, led to Shankling’s death. Slinkard, though, has argued that the deputies had small familiarity with the transport van.

Kupfner said the erstwhile deputies were good alert of Shankling’s level of intoxication.

“It wasn’t a mystery,” Kupfner said. “It wasn’t a question.”

He said the instrumentality the erstwhile deputies were fixed to transport the antheral was misused.

“There were options,” Kupfner said successful regards to however Shankling was transported.

Slinkard said during her closing statement that her clients person had the value of this incidental connected their shoulders for the past 3 years.

“I privation to commencement by acknowledging the tragedy,” Slinkard said. “Absolutely, hands down, this was a tragic lawsuit and that needs to beryllium considered. My clients person had the value of this incidental connected their shoulders for the past 3 years. But it’s bittersweet due to the fact that it was an accident. Accidents can’t magnitude to crime.”

Slinkard said Shankling was “extremely intoxicated” and that helium had besides ingested amphetamines, pointing to these arsenic factors successful his death.

Slinkard replayed audio from the aboriginal greeting transport erstwhile Shankling was recovered unconscious by the deputies.

“Based connected the audio we heard, nary 1 would disagree that they were concerned. It was a tragedy, but a genuine accident,” Slinkard said.

Shankling was taken to Boulder Community Health’s Foothills Hospital and past transferred to the Swedish Medical Center successful Englewood connected Sept. 12, 2018. He died Oct. 6, 2018.

Gardner-Wood said Shankling spent 27 days successful a coma earlier his death.

An autopsy study concluded that Shankling died from “positional asphyxia with the combined toxic effects of ethanol and amphetamine contributing,” and the decease was ruled a homicide.

Following the incident, some deputies were initially placed connected administrative permission successful September 2018. Their employment with the sheriff’s bureau ended successful March 2019 aft an interior investigation.

The sentencing for O’Brien and Lunn is acceptable for 10 a.m. connected Nov. 4.