CORRECTION: This story was updated at 2:20 p.m. Nov. 2, 2023, to reflect that Kyle Gould did not enter a plea to his charges and is scheduled to appear in court for a plea hearing Nov. 16.
The former Clear Creek county sheriff’s deputy who fatally shot Christian Glass after he called 911 for roadside assistance while experiencing a mental health crisis pleaded not guilty Thursday afternoon.
Andrew Buen and a sheriff’s supervisor, Kyle Gould, appeared in Clear Creek County District Court, nearly a year after a grand jury’s indictment linked the deputies’ decision to remove Glass from the car directly to his death. Neither deputy was in imminent danger, the grand jury said, and shortly after the indictment was handed down, they were fired from the sheriff’s office.
Buen is set to return to court Dec. 18 for further proceedings. Gould was ordered to return Nov. 16 for a plea hearing.
The fatal shooting became a breaking point in how law enforcement responds to calls involving mental health emergencies. Details of Glass’ death in June 2022 weren’t revealed until months later when his family’s attorney released body-camera footage showing Glass making a heart with his hands toward the officers from inside his car before officers broke out the window, shot him six times with beanbag rounds, multiple times with a Taser and then five times with a gun.
Buen, who fatally shot Glass, is facing charges of second-degree murder, official misconduct and criminally negligent homicide. Gould, a former sergeant, was not at the scene near Silver Plume off Interstate 70, but was watching the incident unfold from home through a live feed of Buen’s bodycam. He is charged with criminally negligent homicide and reckless endangerment.
Both men were offered plea deals by Fifth Judicial District Attorney Heidi McCollum last month, though specifics of the plea deal were not divulged in court.
Attorneys for Gould said a “tentative resolution” had been reached between his client and the district attorney’s office, but no other information was available.
“It’s so hard for us. Those men were responsible for the death of our son, but like Simon (Glass) said, Gould has accepted responsibility. You can see it in his face, he is sorrowful,” Sally Glass said Thursday according to recorded comments from outside the courthouse.
“Of course, the other man, I don’t know if I would call him a man, the way he behaved that night was inhuman, abject cruelty to our son, and then to put the icing on the cake, to plead not guilty is really hard,” she said.
Lawyers for Buen and Gould asked a judge in January to drop the charges against their clients and were denied. Attorneys for Gould argued that the former sergeant gave “the best advice he could” while monitoring the situation from home as Buen’s supervisor and that he gave his orders based on the situation Buen described over the phone. Buen muted his body camera when they were on the phone, so their conversation was not recorded.
Fifth Judicial District Court Judge Catherine Cheroutes denied their motions in April to dismiss the cases. In her ruling, she said Buen “intentionally and maliciously caused harm” to Glass by shooting and killing him, which “exceeded the authority of his official function” as a deputy.