CLIFTON, Colo. — Mesa County District Attorney Daniel Rubinstein declined criminal charges against two deputies following a review of an August encounter in Clifton that ended with a man’s death, according to findings released by Grand Junction police October 8.
The district attorney’s October 7 report describes an August 22 encounter involving deputies Carbajal and Tinkle near Central Distributing. The man, identified in the report as Mr. Herrera, became unresponsive and died the following morning at St. Mary’s.
The report describes mixed methamphetamine and bupropion intoxication, obesity and law enforcement restraint as contributing factors. The medical classification of homicide describes a death involving another person’s actions; it is distinct from a finding of criminal guilt.
Rubinstein concluded that the evidence was insufficient to prove criminal homicide beyond a reasonable doubt and that the force used was legally justified. He declined all criminal charges. The findings do not rule out administrative or training review.
Grand Junction police led the Critical Incident Response Team investigation because Mesa County sheriff’s deputies were involved. The district attorney’s full findings are available with the department’s announcement.
Source: Grand Junction Police Department release.
Photo/graphic courtesy of Grand Junction Police Department. This story is based on the agency’s announcement.
