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Pueblo West, Colorado — A mother has filed a federal civil rights lawsuit in U.S. Federal Court for the District of Colorado, after her son was shot and killed by Pueblo County deputies outside a middle school. On February 22, 2022 at approximately 3:23 pm, Pueblo County Sheriff's Deputies Charles McWhorter and Cassandra Gonzales were dispatched to the Liberty Point International Middle School at 484 S. Maher Dr., Pueblo West, Colorado, on reports of a suspicious male party trying to open car doors. They were informed the male party may be "on something", suggesting possible intoxication. The initial reporting party, Eric Valencia, told dispatch that a male had become "aggressive" with one car and he was trying to get into other cars in the parking lot. Initially, Valencia stated that the male was out of his line of sight on the east side of the parking lot. The male then came back into Valencia's sight and Valencia said the male was wearing a jacket with gray sleeves and black in color.
Valencia then tells dispatch that the male was being confronted by someone from the school, then he began walking west. Valencia then sees the male get into the back seat of a white four-door SUV, possibly a Mazda with tinted windows and approximately eight to nine cars in from the road. When Deputy McWhorter arrives on scene, dispatch gives him the description and location of the vehicle as described by Valencia. Deputy McWhorter asks dispatch for more specific information, as there were several white cars in the parking lot. Deputy McWhorter is then told that it is the white car that two children are walking in front of. This information assisted Deputy McWhorter in locating the vehicle. Deputy McWhorter advises dispatch that the male is in the back seat of a white Lexus SUV with Colorado Plate CIW976. Deputy McWhorter then contacts the male later identified as 32-year-old Richard Ward.
Ward was with his mother, Kristy Ward Stamp, and her boyfriend to pick up his younger brother from Liberty Point International Middle School, according to the lawsuit filed in U.S. District Court for Colorado. Pueblo County sheriff's deputies approached Ward after they received a report that he had been opening doors of nearby vehicles in the pickup waiting area, officials have said. Ward stepped out of his mother's SUV for a "brief walk," mistook another white SUV for hers and got in the wrong vehicle, the lawsuit says. He apologized to the woman who was driving after he realized his mistake and returned to his mother's vehicle, the suit says. Pueblo deputy Charles McWhorter arrived on scene and talked to Ward in the backseat of his mother's SUV. In the body cam video, McWhorter touches Ward's arm and asks him why he's acting strange. Ward responds that cops make him "nervous" and he "has anxiety".
Ward explains to the officers that he has had bad encounters with police in Pueblo before. McWhorter then asks for Ward's ID and as he reaches for his identification, Ward slips something in his mouth. His family attorneys said Ward had been diagnosed with an anxiety disorder and was prescribed medicine for it. In the body cam video, McWhorter then demands to know what it is and drags Ward to the floor. They tussle on the ground for around 20 seconds. During this time, deputies said to stop resisting multiple times. McWhorter then shot Ward 3-times in the chest. Ward was unarmed. The deputies closed the car door and stood with Ward’s body for nearly three minutes until medical assistance arrived. He died on scene. The sheriff's deputies involved in the case were cleared of any criminal charges by the district attorney, following an investigation that found the shooting justified.
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