Judge mulls challenge by trooper to charges in Redlands shooting
District Judge Richard Gurley said Tuesday he needs more time to consider a motion challenging an indictment against a Colorado State Patrol trooper in a fatal shooting last year.
A motion challenging an indictment against State Patrol trooper Ivan “Gene” Lawyer has been pending since Jan. 11.
Gurley on Tuesday said he should finish his review of Mesa County grand jury transcripts in the next two weeks prior to ruling.
Lawyer and State Patrol Cpl. Kirk Firko are scheduled to return to court April 28.
Eric Fenster, a Denver attorney representing Lawyer, argued in the motion there is no probable cause supporting six charges in the July 2010 shooting death of 31-year-old Jason Alan Kemp.
Fenster argued Lawyer lacked the “specific culpable mental state” to commit any of the crimes being alleged: criminally negligent homicide, second-degree assault, first-degree criminal trespass, illegal discharge of a firearm, prohibited use of a weapon and criminal mischief.
Kemp was unarmed in the doorway of 103 Glade Park Road, Unit B, when he fatally was shot by Lawyer. Along with Firko, Lawyer had repeatedly kicked and pounded the front door of the home in what began as an investigation of a traffic accident in which Kemp was the suspected driver, according to the grand jury’s indictment.
Firko is charged with two counts of first-degree criminal trespass, attempted criminal trespass and criminal mischief.