A Clear Creek County sheriff’s deputy received two years of probation for pleading guilty to failing to intervene in excessive force by a peace officer.

Kyle Gould, 37, was the supervisor who gave an order to “breach” the window of Christian Glass’ car when Glass, 22, was shot by former Deputy Andrew Buen through his car window during an intense nighttime standoff on a mountain road near Silver Plume on June 11, 2022. Glass had called 911 for help when his car got stuck on rocks.

He was experiencing a mental health crisis during the incident, his mother has said, and told the 911 dispatcher and deputies he was scared. Buen shot him after more than an hour of negotiation and increasing escalation of the situation.

Gould was not present when the 22-year-old was shot. He gave the order to “breach” Glass’ car over the phone.

Judge Catherine Cheroutes accepted Gould’s plea to the Class 1 misdemeanor Thursday afternoon and agreed with his defense attorney’s request to allow the former deputy to serve his probation unsupervised.  He originally faced charges of criminally negligent homicide and reckless endangerment.

Glass’ parents, Sally and Simon, wore pink sweaters, their son’s favorite color, and held hands during the proceedings.

“It’s the first time there’s any responsibility. It’s good in a way, because this is an acceptance that something’s wrong there,” Simon Glass told reporters after the hearing.

Former Deputy Andy Buen, who shot Glass through the window of his car, still faces trial in the case. Both officers were fired after a grand jury indicted them last Nov. 23.

Buen faces several charges, including second-degree murder, reckless endangerment and official misconduct. He pleaded not guilty earlier this month, and his next court appearance is scheduled for Dec. 20.

Gould’s defense attorney, Bob Weiner, told Cheroutes his client became a deputy to help his community, and he recognizes that accepting responsibility for Glass’ death means he can no longer work in law enforcement. Weiner pointed out Gould has no prior criminal record.

Gould left the courthouse Thursday without speaking to reporters.

Cheroutes said she would accept the two-year probation sentence requested in order to honor the agreement prosecutors and Gould’s defense attorneys came to. She added she doesn’t believe Gould poses any threat to the community. But she said she struggled with whether the sentence meets its punitive purpose and suggested jail time could be appropriate.

She called Glass’ death “completely preventable,” saying the sheriff’s deputies had other options besides escalating the situation.

“It’s hard to be in this position, where somebody died,” Cheroutes said.

Sally Glass said it’s painful to feel like Gould can move on with his life, while she and her husband never could. But she has started carrying a heart-shaped rock, which she clutched in the courtroom and outside talking to reporters, as a reminder to practice compassion and forgiveness.

“There’s no point being vindictive. You can stick Mr. Gould in jail, but honestly, it’s not going to bring Christian back,” she said.

Sally and Simon Glass said they’re grateful a state law passed in 2020 mandates law enforcement officers to have body-worn cameras turned on in most situations because the footage shed light on how Glass’ encounter with the deputies unfolded.

An attorney for Glass’ family, Siddhartha Rathod, said Gould muted his body-worn camera that night. But Weiner disputed allegations in court Thursday that Gould tried to cover up the incident.

Part of the fallout from Glass’ death was the resignation of former Clear Creek County Sheriff Rick Albers, who left the force last May. The department has operated under the direction of Undersheriff John Stein.

Last month, the Clear Creek County Commissioners appointed Matt Harris, a federal law enforcement officer for 27 years, as Clear Creek County’s new sheriff for the next year. He will take the position starting in January. He will then have to decide whether to run for election to the sheriff post in November 2024.