Fountain police chief talks about body camera policy

The Chief of Police in Fountain said the officer involved in a shooting last week thought his body camera was recording the incident, but it was never set to record.

Regardless, Chief Chris Heberer says Officer Jonathan Kay has his full support.

“He attempted to activate his camera. Our policy states that at no time should an officer put himself in jeopardy to try and initiate their camera,” Heberer said.

Kay, 44, has been with the department since February. He is on paid administrative leave.

The shooting happened on Sept. 24 at a home in the 700 block of Legend Oak Drive. Police were called to the address at 2:20 p.m. on a report of a family fight.

Fountain police say two officers were invited into the home when a teen, identified as Patrick O’Grady, pointed a gun at them. That’s when Kay shot him.

Heberer said Kay believed he activated the camera when he got out of his car, but after the incident investigators found the camera never recorded what happened inside the home.

Pueblo police have also been using body cameras and in January cameras captured a officer-involved shooting.

Patrol officers like Erik Juno, who was not involved in that incident, say it adds a layer of security.

“Any kind of call, like if I pull over a car or show up at a disturbance, I’d turn it on,” Juno said, citing the department’s policy.

That policy states cameras should be recording every time an officer steps out of the patrol car.

In Fountain, the chief says he supports his officer, blaming a quickly changing scene.

“I believe in cameras. Officer Kay did the best job he did that day, based on the circumstances,” Heberer said. “When we look at police work, we look at situation as being rapidly evolving.”