17th Judicial DA

Jury Returns Not-Guilty Verdict in the 3rd Degree Assault Trial of Adams County Sheriff's Deputy

Brighton, CO —Today, an Adams County Jury returned a not-guilty verdict in the Third-Degree Assault trial of Adams County Sheriff’s Deputy Andrew McCormick. McCormick had been charged with assaulting a handcuffed inmate in the Adams County Jail on August 25, 2020. The jury returned its verdict after two days of trial in Adams County District Court.

In video captured by a camera inside an Adams County holding cell, Deputy Chad Krause, Deputy Michael Montgomery, and Deputy Jaimie Malecha are seen entering the cell of an inmate following a dispute regarding the position of his handcuffs. The video shows the three deputies bringing the restrained inmate to the ground. A short time later, Deputy McCormick is seen entering the cell. According to the video, Deputy McCormick proceeds to strike the victim nine to 12 times in the shoulder with a closed fist. The incident concludes moments later.

The Weld County Sheriff’s Office conducted the investigation at the request of Adams County Sheriff Rick Reigenborn. The District Attorney’s Office filed charges on September 30, 2020.

In addition to the charge against Deputy McCormick, Deputy Krause and Deputy Montgomery were charged with Third-Degree Assault and Failure to Intervene. Deputy Malecha was not charged for her role in the incident. As a result of the jury’s verdict today, however, the District Attorney’s Office concludes it cannot proceed forward on the cases against Deputy Krause and Deputy Montgomery.  The prosecution has now filed a motion to dismiss the remaining two cases.

“It is our job to charge and prosecute those who have broken the law,” said District Attorney Brian Mason.  “No one is above the law, be it a private citizen, a police officer, or a sheriff’s deputy.  When there is evidence of criminal wrongdoing, we will prosecute such cases without fear or favor, regardless of a person’s status or title.” 

“In this case, the jury saw the evidence differently than we did and we must – and do – respect their verdict.  Our mission at the District Attorney’s Office is to keep our community safe and to make the criminal justice system better.  We remain firmly committed to that mission.”

Anyone wishing to view the incident that occurred in the Adams County Jail holding cell on August 25, 2020, can do so by clicking on the YouTube link provided below. One of the motions to dismiss is linked below, the other is identical.
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District Attorney Mason assumed the oath of office on January 12, 2021. The 17th Judicial District Attorney’s Office endeavors to seek justice on behalf of the citizens of Adams and Broomfield counties in felony and misdemeanor cases. DA Mason and his staff are dedicated to transforming the criminal justice system to better serve the citizens of the 17th Judicial District.

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