GEORGETOWN — An attorney for one of the two former Clear Creek County Sheriff deputies accused in the death of Christian Glass asked the judge Monday to dismiss the case before it goes to trial.

“Mr. Gould should not have been charged and shouldn’t have been indicted,” argued attorney Christopher Brousseau. “There were seven officers out there on June 11, 2022 and Kyle Gould wasn’t one of them. He was at home. He was asked for advice. He wasn’t there.”

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Glass was shot and killed by law enforcement June 11 after he called for roadside assistance when his car got stuck on a dirt road near Silverplume. 

Sally Glass, who has said that her son was in the middle of a mental health crisis when the incident happened, doesn’t buy Gould’s argument.

“He gave the advice to breach the vehicle which led to Christian’s death. If it wasn’t for Gould, he’d be alive because Gould was the one who said ‘Go ahead’,” she told reporters after Monday’s hearing in Georgetown. “He had every responsibility. He doesn’t get to duck that.”

Former deputy Andy Buen’s attorney said she will file a similar motion asking the judge to examine probable cause for her client by the end of the week.

Attorneys for the former deputies say that all of the facts have not been made public. 

On Nov. 23, a Clear Creek grand jury indicted Gould and Buen on criminal charges in Glass’ death. The 22 year old was shot five times by Buen during an intense standoff which lasted over an hour. 

As Buen’s on-duty supervisor, Gould eventually gave the order over the phone for law enforcement to breach Glass’ car, according to the indictment.  

Both Buen and Gould were fired from their deputy jobs the night they were indicted.

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The case has caught national attention and shined the light on possible police misconduct partly because the intense interaction and violent end was caught on body-worn cameras.

When Glass initially called 911, he asked the dispatcher if someone was on the way.

“I love you. You’re my light right now. I’m really scared. I’m sorry,” he said. He told the dispatcher several times that he was terrified. During the incident with law enforcement, he stayed locked in his car with the windows rolled up and made heart hands.

He was told to drop his knife multiple times before his death, video footage shows. 

Gould was charged with negligent homicide and reckless endangerment. Buen faces charges of second-degree murder, official misconduct and reckless endangerment.

The two former sheriff deputies appeared in court dressed in a suits and ties and sat with their attorneys in the same row in front of District Judge Catherine Cheroutes.

Buen is out on $50,000 bond. A $2,500 bond was set for Gould. Both entered and exited the courthouse through a side door.

Although the two have been charged separately, District Attorney Heidi McCollum is asking for them to be tried at the same time.

Buen’s attorney, Carrie Slinkhard, told The Denver Gazette her client’s conduct the night Glass died was justified.

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“I think the public has snippets of information and the DA relied on snippets of information when presenting to the grand jury,” she said.

Slinkhard took issue with the fact that the grand jury, called by McCollum, was empaneled for two days.

“Most grand juries go more than two days,” she said. “There was only one witness.” 

“It’s incredibly hard to sit there and hear them basically try and get off,” Sally Glass said through tears. Her husband, Simon, and several friends were at her side. “It’s very, very hard to listen to and honestly to be that physically close to the man who” is charged in Christian Glass’s death. 

The couple questioned why Colorado law enforcement leaders, some of whom have been quick to condemn the actions of five Memphis police officers in the recent death of Tyre Nichols, never spoke out about the death of their son.

“They were very quick to do it with Tyre Nichols. This is happening in your back yard, but they’re busy condemning cases in another state,” said Simon Glass.

In a motion filed Jan. 26, asking the judge to review probable cause, Brousseau, Gould’s attorney, said that if his client had not called for officers to breach Glass’ car window, the young man could have hurt someone.

“It is not accurate to suggest that at the time … that Mr. Glass did not pose a potential danger to the public and/or himself,” according to the motion.

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To reinforce this statement, Brousseau described comments Glass made on the 911 call, which was played to the grand jury, telling the dispatcher that he had been “ambushed” and he may need to kill some “skin walkers.”

Glass also told the 911 operator he had knives.

In addition, Broussard said there was no way for Gould to know that Buen “would decide to fire his handgun multiple times,” court records show.

Judge Cheroutes ordered the prosecution to respond to the request for review. Defense attorneys will have a chance to reply before she makes a decision as to whether each case will move forward for trial.

The next hearing for both defendants is scheduled for April 17.