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Judge denies motion that sought filing of bias-motivated charge after gunpoint confrontation

Scott Gudmundsen was arrested after allegedly holding Black college football player, co-worker at gunpoint and accusing them of being antifa.

A judge on Thursday denied a motion that would have forced prosecutors to add a bias-motivated crime charge to the case against a Loveland man accused of holding two roofing salesmen at gunpoint – one of whom is a Black football player at Colorado State University.

Barry Wesley requested that the new charge be added to the slate of accusations against Scott Gudmundsen, a former law officer who was arrested in June and accused of accosting Wesley and a co-worker, accusing them of being antifa, and holding them at gunpoint.

At the time, Wesley and his colleague were working for a roofing company, going door-to-door to solicit business.

>The video above is from July. Police report details incident involving roof salesmen and Scott Gudmundsen

Gudmundsen, 66, faces two counts of menacing, one count of impersonating a police officer, two counts of prohibited use of a weapon, and two counts of false imprisonment. He remains behind bars in Larimer County, unable to make the $50,000 bail set for him.

Normally, decisions about filing criminal charges are the sole purview of Colorado’s district attorneys. However, a little-used state law allows a judge to compel prosecution in cases where a DA’s decision not to press charges was “arbitrary or capricious and without reasonable excuse.”

Wesley filed a motion seeking to have Judge C. Michelle Brinegar do just that – force Larimer County prosecutors to add a bias-motivated crime charge to the slate of accusations Gudmundsen faces.

In an oral ruling issued during a hearing in Gudmundsen’s case, Brinegar denied Wesley’s request, saying there was no “clear and convincing evidence” that prosecutors made a bad decision when they concluded they could not prove a bias-motivated crime occurred.

RELATED: CSU football's Barry Wesley recalls harrowing experience of being held at gunpoint

“By law, whether or not I agree with them is not the question,” Brinegar said.

Brinegar also denied a request from Gudmundsen’s attorney, Ryan Markus, to lower his bail.

“Money bail that is so high that it is de facto no bail is unconstitutional,” Markus argued, to no avail.

Gudmundsen is accused of calling 911 and announcing there were suspected “antifa guys” in his neighborhood – then confronting them at gunpoint. In reality, Wesley and the other man were simply going door-to-door, soliciting new business.

Gudmundsen is accused of kneeling on Wesley’s neck and jamming a pistol into his back.

Gudmundsen’s family has cited mental health issues as the root of the incident.

The next court hearing in the case is scheduled for Jan. 14.

Contact 9Wants to Know investigator Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862.

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