City of Colorado Springs, officers will stand trial over inadequate police training after man’s death in custody

COLORADO SPRINGS, Colo. (KRDO) – On Thursday, a federal judge ruled that the city of Colorado Springs, along with four of its officers, will stand trial to determine if a man's constitutional rights were violated when, according to court documents, officers entered his home without a warrant, wrestled him to the ground and tased him. He ultimately died after the exchange and his death was ruled a homicide.

Previously, U.S. District Court Senior Judge William J. Martínez denied the officers' move to end a civil case against them without a trial, acknowledging that while the officers had probable cause to arrest Chad Alexander Burnett, their use of force during the arrest raised significant concerns.

Now, in a new order from Jan. 23, Martínez has determined that a jury could reasonably find the city’s conduct played a role in the alleged violations.

In the order, he concluded that jurors will need to hear evidence regarding whether the city failed to adequately train officers on multiple issues, including responding to cases involving mental health crises, obtaining an arrest warrant, proper taser usage, the dangers associated with face-down restraints, and when to call for medical help for someone who is unresponsive.

"The jury could find that the City’s policymakers acted with deliberate indifference by failing to train officers on monitoring detainees and providing them with appropriate emergency medical assistance when they become unresponsive after a struggle with police, as the officers’ failure to respond emergently in such situations will frequently cause the deprivation of citizens’ constitutional right to adequate medical care while in custody," Martinez wrote in part.

On May 24, 2020, police were called to Chad Burnett's home on Ashgrove Street after receiving over 20 calls to 911 from neighbors reporting that Burnett was screaming and threatening people with a knife.

When officers arrived, they asked him to calmly put the knife down and let them inside. Bodycam footage released by CSPD shows the officers talked to Burnett for several minutes, attempting to get him to open the door.

At a certain point after CSPD's arrival, Burnett called 911 and used a fake name, claiming that he owned The Broadmoor and had a private jet. Video provided by CSPD then cuts back to officers speaking with Burnett outside, where he appears to now be holding papers.

The video captures the moment Burnett then turned and ran back inside his house. The officers chased him inside, wrestling him to the ground in the living room while deploying a stun gun.

"I didn't do anything," Burnett can be heard saying while struggling with the officers.

"We're not going to kill you," an officer says. "Stop resisting."

Eventually, the officers got Burnett on his feet and escorted him outside while he continued to struggle with them. Police got him to the front doorway before he fell back inside. After a few moments, Burnett stopped moving.

Officers intermittently checked for a pulse for the next several minutes. Burnett remained unconscious while officers put shackles on him and a mesh bag over his head to prevent biting.

After several minutes, the officers expressed concern that Burnett's condition is deteriorating. Bodycam footage shows police removing the bag from his head, laying him on the floor and performing CPR on him. At that point, Burnett did not have a pulse. He was later pronounced dead.

An autopsy report by the El Paso County Coroner's Office says that Burnett's sudden death was "associated with physical altercation, Taser deployment, cardiac hypertrophy with myocardial fibrosis, and bipolar disorder featuring acute psychotic episode."

Watch the full bodycam footage here. Viewer discretion is advised.