Changes Suggested After Deputy Killed By Suspect

Police said Deputy Sam Brownlee was shot and killed by Ruben Reyes on Nov. 23 after a police chase that started in Fort Morgan and ended near Evans. Reyes was wanted on suspicion of stealing a car.

The suggested improvements include reviewing the Weld County chase policy, improving radio communications and giving deputies more training on controlling suspects.

A three-person incident review committee looked at hundreds of pages of police reports from five law enforcement agencies, written and recorded officer statements, vehicle GPS locator and cell phone records, photographs, coroner reports, forensic laboratory reports, radio and telephone digital recordings, personal safety equipment and the Weld County sheriff’s policy and operating procedures. The committee's report is 14 pages.

The committee said Reyes stole a car from his girlfriend at 9:37 a.m. in Fort Morgan. Family members told police Reyes may have been suicidal because of a previous statement about not going back to prison.

The report said Fort Morgan police attempted to stop the vehicle Reyes was driving, but he sped away. Fort Morgan police elected not to pursue because Reyes had been identified and an arrest warrant could be obtained, the report said.

Fort Morgan police asked Morgan County officials to issue a be on the look out alert with the information about the stolen vehicle and Reyes.

Minutes later, a police officer in Wiggins saw the stolen vehicle and began following it. An investigator from the Morgan County Sheriff’s Office responded as backup.

The report said when Reyes saw the Sheriff's Office vehicle with its emergency lights on, Reyes sped up and began driving on the wrong side of the road to pass traffic.

The deputy passed the Wiggins officer and chased the suspect on Highway 34 for several miles at speeds in excess of 100 miles per hour, the report said.

When the vehicles entered Weld County, Morgan County operators radioed Weld County.

"We’ve got a high speed in your direction, pursuit at this time. They’re at Masters, excess of 100 miles per hour. Should be a black 2006 Nissan Altima stolen vehicle. Suspect driver is dangerous, possibly armed, but that is not known for sure. Morgan clear at 10:35. Also, they are on Highway 34 and MAC 7 is the channel our chase car is on at this time," the report quoted radio operators as saying.

Weld County officials radioed a Weld County deputy in the area. Deputies Terry Reed and Sam Brownlee both acknowledged the radio message and began driving to intercept the pursuit on Highway 34, the report said.

The deputies said they planned to deploy spike strips to deflate the tires of the stolen vehicle and stop it.

At 10:37 a.m., a message was sent to Reed and Brownlee's in-car mobile data terminals. It said, "**Susp armed & Dangerous***Armed Robbery occurred in Morgan, 107 mph."

The report on the incident noted that a stolen vehicle in Fort Morgan that Fort Morgan Police decided not to pursue was now a stolen vehicle occupied by an armed and dangerous armed robbery suspect.

During the next seven minutes, the suspect vehicle sped past Reed and Brownlee on Highway 34 at County Road 61 before spike strips could be deployed. The Morgan County deputies' vehicle had become disabled, so the Wiggins police officer was not chasing the suspect, but he was one mile behind Reyes.

Brownlee and Reed began chasing the suspect vehicle at 10:43 a.m.

Kersey police planned to deploy spike strips when the suspect entered Kersey at 10:45 a.m, but the report said Kersey Police radioed they had no spike strips.

A Colorado State trooper joined the pursuit at Kersey, the report said.

Other Colorado State Troopers prepared to deploy stop sticks on Highway 34 just west of the Platte River Bridge and at a spot another one mile west.

Reyes avoided the first set of spike strips, lost control and went into the dirt median of Highway 34. He recovered and started driving against oncoming traffic, the report said. Deputy Brownlee and the CSP trooper tried to follow Reyes the wrong direction, but the trooper's vehicle was damaged and disabled. Brownlee continued the chase and was joined by Weld County Cmdr. Spalding going the wrong way on Highway 34. Deputy Reed also continued the chase, but in the correct lanes, the report said.

Reyes avoided the second set of spike strips and drove into Greeley.

At 10:50 a.m. Deputy Brownlee notified Weld Communications that he had lost the vehicle and was out of the pursuit.

The report said at this point, no law enforcement vehicles were in direct pursuit of the stolen vehicle.

A few seconds later, Greeley police units were told to float toward the area of the chase, but not to engage in the pursuit, the report said.

Reyes exited Highway 34 into Greeley.

At 10:51, Spalding radioed, "All cars from 12, this is getting into Greeley and we are getting into too much traffic. We may have to call this."

Seconds laters, an Evans office in Greeley began the second pursuit of Reyes.

The report said the chase hit speeds of about 65 miles per hours on primarily residential streets, but the speeds dropped to 25 miles per hour as they passed the side of Jackson Elementary School at 10:53 a.m.

At 10:54 a.m. a state patrol captain ordered troopers to drop out of the chase.

At 10:55 a.m. Spalding made a general radio broadcast that said, "All cars, this is 12. This is getting to the point of being dangerous here. We’re going into too much traffic and in town around schools. We may have to call this real soon and if we don’t get anything here, we’re going to call it."

Seconds later, the Evans officer reports seeing smoke coming from the engine of the stolen car.

About two minutes later, the suspect turned into the Cave Creek subdivision.

The report said a passer-by trying to help, positioned a pickup truck and trailer across lanes of traffic on Coyote Lane in front of the pursued vehicle. Reyes drove behind the trailer and came to a stop partially on the sidewalk. The car horn in the stolen vehicle was stuck on and blaring, the report said.

The Evans police officer reported that the pursued vehicle had stopped on Coyote Lane at 10:58.

Reed said he drew his sidearm and ran to the front of the stolen vehicle. He yelled loud commands for Reyes to show his hands and exit the vehicle.

Two Evans officers and another deputy also approached the stolen vehicle.

Several of the officers were shouting, "Show us your hands!" to Reyes, but the report said Reyes did not show his hands or attempt to exit the vehicle.

At 10:59, Brownlee arrived, but the other officers said they did not see him.

An Evans officer opened the passenger door and fired a Taser at Reyes, but the report said the Taser was ineffective.

As Reyes moved from the driver’s seat to the passenger seat, an officer grabbed Reyes and pulled him from the vehicle. Officers believe it was Brownlee who did this, the report said.

Witnesses said Reyes immediately began punching, fighting and struggling.

The report said after Reyes was forced up against the car, Reed holstered his gun and attempted to control one of Reyes’ hands. There were three deputies and the Evans officer struggling to arrest Reyes. The Evans officer activated his Taser again.

One of the deputies said he saw Reyes reach around Brownlee’s back and heard Deputy Brownlee shouting, "He’s got my gun! He’s got my gun!"

Three muffled shots followed, the report said.

The Evans officer fired three shots at Reyes.

Brownlee and Reyes were taken by ambulance to North Colorado Medical Center in Greeley. Both died.

Ballistics

Brownlee was struck three times by bullets from his .45-caliber semi automatic gun, the report said.

One bullet appeared to have ricocheted from the paved road surface and struck Brownlee’s right hand, the report said.

One bullet lodged in the upper left quadrant of the front panel of the ballistic vest Brownlee was wearing. The report said the bullet did not penetrate the vest.

The third bullet went into Brownlee's vest, but traveled between the layers and exited the top of the panel striking Brownlee in the head. The report said that bullet killed Brownlee. The report also the said that bullet hit and slightly deformed one of the points on the Brownlee's seven-point badge.

Equipment

The report said Brownlee was wearing a Threat Level II ballistic vest. The vest is an upgraded version of the standard Sheriff's Office issued vest in 2006. The report said at that time, deputies were offered the option wear the issued vest or purchase an upgraded vest at their own expense. The model worn by DBrownlee was the upgraded model.

The report said the vest was inspected for any wear and tear and no defects or concerns were found.

Brownlee's holster was also inspected for any wear or defects and the report said the holster appeared to be functioning as designed and no defects were found.

The inspection was unable to determine whether the weapon was in or out of the holster before Brownlee went to the ground.

Recommendations in the Report

The report suggests that supervisors and deputies get more training in alternatives to chasing a suspect and more training in keeping their weapons.

The report also suggested that the chase policy needs to be updated to include a protocol for when a chase should take place and how command should be handled during a pursuit.