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DA: Fatal Police Shooting Going To Grand Jury

Officer Ranjan Ford Jr. Accidentally Shot Frank Lobato

POSTED: 12:29 pm MDT August 26, 2004
UPDATED: 10:21 pm MDT August 26, 2004

Denver District Attorney Bill Ritter, Jr., announced Thursday afternoon that the case of an officer who shot and killed an unarmed, 63-year-old bedridden man will be sent to a grand jury.

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Ritter said that the facts developed in the investigation made it appropriate to have the grand jury panel review the facts, evaluate the evidence, assess credibility, and then decide whether to return an indictment.

Frank Lobato was accidentally shot and killed by a Denver police officer on July 14 when officers entered the home, looking for his nephew.

A spokesman for the Lobato family said they were outraged that the district attorney didn't file charges in the case. It is the first time in 12 years that a police shooting case has been sent to the grand jury.

The 33-year-old officer who fired the fatal shot, Ranjan Ford Jr., said he saw Lobato pick up a shiny object that he thought was a gun. That object turned out to be a soda can.

Officers had gone to the home seeking Lobato's nephew, Vincent Martinez, on suspicion of beating his wife and holding her hostage. When no one answered knocks on the front door, officers climbed in through a window, using a ladder borrowed by the fire department. By that time, Martinez had escaped by jumping out of that same second-story window and Lobato was the only person in the home.

Lobato was apparently laying in bed watching TV when police officers climbed through and opened his closed bedroom door. He was shot once in the left side of his chest and died at the hospital. Relatives said Lobato was an invalid who needed crutches to move around.

Lobato's shooting touched off protests demanding that Ford be fired. Ford has been placed on paid leave. He has no police record and no disciplinary problems in Denver. He joined the department in 2001 after working in Jasper, Texas, where his police chief said he was a model officer.

The case will be presented to the grand jury on Sept. 1, then the panel will decide if it wants to investigate. If so, there is no time limit for the grand jury probe.

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