DA Lauds
Sheriff Smith for Transparency

2022 CCSO Tasing of a Minor Incident

Press Release
The Office of the District Attorney for the 11th Judicial District has completed the review of a tasing  incident that occurred in Custer County on January 18, 2022.

In January 2024, Custer County Sheriff Lloyd Rich Smith was provided a copy of a civil suit regarding the tasing by a Custer County Sheriff’s Office (CCSO) Deputy of a 16-year-old runaway. The incident happened in January 2022 under the administration of CCSO Sheriff Shannon Byerly.

The Sheriff’s Office became aware on January 22, 2024, that a civil suit had been filed against three former deputies and one current deputy for an incident that occurred on January 18, 2022, under a previous sheriff. The Custer Sheriff’s Office was not named in the state civil suit and was never served with a copy of the lawsuit. Furthermore, it does not appear that the incident was investigated at the time by any outside law enforcement agencies.

Recognizing the importance of this case, the newly elected sheriff formally requested an investigation by the Colorado Bureau of Investigation (CBI) into statements made in the civil suit. This troubling incident was thoroughly investigated by CBI. The completed investigation was sent to then District Attorney Linda Stanley in March of 2024.

This investigation sat at the District Attorney’s Office until 2025 when Sheriff Smith asked newly elected District Attorney Jeff Lindsey to review the investigation and make a charging decision. Unfortunately, at this time, no charges can be filed.
The 16-year-old runaway from a foster home in Fremont County was located in a trailer in Custer County. She was contacted by CCSO Deputies Michael Kear and Miles De Young. In attempting to transport the juvenile to CCSO, Deputy Kear “dry” stunned the juvenile and later when they arrived at CCSO fully tased the juvenile after she would not get out of the police cruiser. CCSO personnel (by this time CCSO Sgt. Scott Hinshaw was present) put the juvenile into a restraint chair and placed her in a holding area inside CCSO. Numerous personnel were inside the Sheriff’s Office, including EMS personnel from Custer County Ambulance Service. The juvenile was eventually transported to Parkview Hospital in Pueblo for treatment.

Sheriff Smith’s decision to notify CBI of this use of force incident was the right thing to do. The previous administration should have notified CBI at the time of the incident. Not doing so means that the 18-month statute of limitations to file ran out and no criminal charges could be filed. The statute of limitations is jurisdictional. The District Attorney’s Office believes probable cause existed for the filing of misdemeanor third-degree assault and false imprisonment charges, however, charges cannot be filed based on the expiration of the statute of limitations.

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