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Deputies cleared in July shooting that wounded man

Erik Locker was shot and injured after he fired at four Larimer County Sheriff's deputies, a Critical Incident Response Team report says.

LARIMER COUNTY, Colo. — Four Larimer County Sheriff's (LCSO) deputies have been cleared of criminal culpability stemming from a shooting in the town of Berthoud on July 28. Two of the deputies fired their weapons in the incident, according to a decision letter from Eighth Judicial District Attorney Gordon McLaughlin

>The video above is from when the shooting happened.

According to the decision letter, on July 28, Erik Locker, 51, had been at the Side Tracked Bar in Berthoud. Someone called 911 and said Locker had left the bar drunk and then began driving a vehicle, the decision letter says. Locker had struck a stationary trailer, according to the decision letter.

Larimer County deputies Steven Fay and Zach Wartenbe tried to make a traffic stop by turning on their lights and sirens, but Locker did not initially pull over, the letter says. 

Locker finally stopped on 2nd Avenue between Welch and Mountain avenues, according to the decision letter. Not long after he pulled over, Deputies Patrick Crossland and Matthew Bordewick arrived to provide backup to Fay and Wartenbe, the decision letter says.

The decision letter says body worn cameras showed the deputies kept their distance and gave Locker verbal commands to put his hands outside of his vehicle. The deputies continued giving Locker commands for approximately seven and a half minutes before Locker pointed a .45-caliber Ruger handgun out of the window and fired one round at the deputies, the decision letter states.

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Deputies Crossland and Bordewick returned fire, according to the decision letter. Bordewick fired one round from a rifle and Crossland fired seven rounds from his handgun, the letter says. Deputies Fay and Wartenbe did not fire their weapons, the letter says.

After firing, the deputies resumed trying to get Locker to surrender, the decision letter says. Locker eventually dropped his gun out the window and got out of the vehicle, the letter says. The deputies approached Locker who was still not obeying the deputies' orders, the letter state.

Deputy Bordewick fired his Taser, striking Locker, the decision letter says. The deputies were able to get Locker into custody and gave him medical aid until EMTs arrived, the letter states. 

Locker was taken to a hospital to be treated for a non life-threatening gunshot wound to his shoulder, the decision letter says.

Locker's Ruger was recovered and it had had a malfunction which prevented it from further firing, the decision letter says.

After Locker was released from the hospital he was charged with:

  • one county of attempted first-degree murder
  • four counts of menacing
  • one count of DUI
  • one count of prohibited use of a weapon
  • one count of violation of bail bond conditions

Locker was also charged with two other traffic infractions. Locker is being held in the Larimer County Detention Center under $100,000 cash bond. His next court appearance is scheduled for September 24.

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