James Ashby’s lawyers want excessive force complaints kept out of trial

Lawyers for former Rocky Ford Police Officer James Ashby said complaints of excessive force should be kept out of his second-degree murder trial.

During a motions hearing Thursday, Jim Bullock, district attorney for the 16th Judicial District, cited four examples of excessive force by Ashby, 32, while he worked for the Walsenburg and Rocky Ford police departments, including an allegation that he slammed someone against the ground.

Ashby’s lawyers said he didn’t violate any police department policies.

Prosecutors want the complaints allowed in the upcoming trial that Ashby faces for the death of Jack Jacquez, 27. Bullock said it shows that Ashby is aggressive and wasn’t qualified to be an officer, which they say is evident in Jacquez’s death.

Jacquez’s dad told KRDO NewsChannel 13 he wants the prior complaints to be allowed in the trial.

“It would show his character, what kind of person he really is,” Jack Jacquez Sr. said.

Ashby’s lawyers argued the prosecution is trying to portray him as aggressive and a bully.

Investigators said Ashby followed Jacquez into his home on Oct. 12, 2014 and shot him in the back. Ashby said he thought Jacquez was a burglar and that Jacquez was going to hit him with a bat.

District Chief Judge Mark MacDonnell asked those in the courtroom’s gallery to leave for nearly two hours Thursday while the defense and prosecution talked about the excessive force complaints.

MacDonnell hasn’t decided yet whether those complaints will be allowed at the trial in January.