Pueblo County, sheriff's deputies sued for 2022 fatal shooting outside middle school

A family is filing a federal lawsuit against Pueblo County and six sheriff's deputies in connection to the February 2022 fatal shooting of Richard Ward.

The lawsuit alleges wrongful death, excessive use of lethal force and constitutional violations against Ward, his mother and his mother's boyfriend in the shooting and subsequent arrest of Ward's mother and her boyfriend.

The Pueblo County Sheriff's Office declined to comment on the matter to the Chieftain. Department spokesperson Gayle Perez said the sheriff's office has not had time to review the lawsuit.

Ward, 32, was shot three times in the chest during an encounter with deputies on Feb. 22, 2022.

According to Darold Killmer, an attorney representing the family, Ward was sitting in a car with his mother, Kristy Ward Stamp, and her boyfriend while waiting to pick up Ward's younger brother outside Liberty Point International School in Pueblo West.

While waiting, Stamp had to take a work-related phone call, so Ward stepped out to get some air and give his mother some privacy, according to a statement provided by Killmer, Lane, and Newman, the law firm representing the family. On the way back to his mother's SUV, Ward accidentally got into the wrong white SUV, parked several vehicles down from his mother's, Killmer said.

Killmer told the Chieftain that the driver of the white SUV was startled and asked Ward what he was doing, at which point he realized his mistake and exited the vehicle.

"(That) probably unsettled both of them a bit, but that was the entire event," Killmer said. "However, a nearby witness called the sheriff and said, 'There's a weird fella walking around the school grounds, come check it out.' "

At approximately 3:15 p.m., deputies Charles McWhorter and Cassandra Gonzales were dispatched to the school to investigate and approached Stamp's SUV and contacted Ward.

Body cam footage of the incident shows Ward explaining what happened and telling the two deputies he was "nervous" because he "didn't really like cops." He claimed that in previous interactions with police they'd used excessive force on him.

When asked by deputies if he was under the influence of anything, Ward said no and told deputies he didn't believe he had any weapons although he may have a pocket knife.

"As he searched for his identification at the officer’s request, Richard placed a pill in his mouth, likely a medication prescribed to treat his anxiety condition," the family's attorneys said in a news release.

"Deputies McWhorter and Gonzales immediately and aggressively seized Richard by the collar and dragged him out of the backseat of the SUV, as Richard frantically tried to explain that he had only taken a pill — an entirely legal, non-threatening action to which the Deputies should not have reacted with any force."

The body cam shows the two deputies throw Ward to the ground, grabbing his legs and chest and briefly struggling with him before McWhorter draws his firearm, firing three times at close range into Ward's chest.

After the shooting, Ward’s mother and her boyfriend are heard screaming from inside the SUV, asking for information from the deputies. "Did you just shoot him?" the boyfriend is heard asking.

"Deputies McWhorter and Gonzales did not bother to provide any medical aid as Richard lay dying," the family's attorneys stated in the release. "Instead, they stood and watched him bleed out as middle school students strolled by a few feet away. Richard’s mother Kristy, who was in the front seat, became more and more frantic upon the realization her son had been shot."

The lawsuit further alleges that deputies arrested and handcuffed Ward's mother and her boyfriend despite a complete lack of involvement in the shooting or any other criminal activity, impounded her vehicle for months and took away her and her boyfriend's cellphones. The lawsuit alleges they were interrogated for hours in what the suit characterizes as a "brazen act of thuggish intimidation."

Following the incident, then-Law-Enforcement Bureau Chief and now-Sheriff David Lucero claimed Ward was "walking around to the parents parked in the loop and banging on windows and just acting very strangely" and that he "appeared to be under the influence of alcohol or drugs." Lucero stated at the scene that Ward had become aggressive when confronted and attempted to grab a weapon from a deputy.

Killmer stated he believes there is "no doubt" Lucero's claims were a deliberate lie, and that Lucero was "making things up as he went along."

"It's an astonishing lie," Killmer said. "Richard doesn't jump out of the vehicle or anything like that, the last thing he wanted to do was mix it up with those officers. He hoped they'd just go away, which they should have — there was no probable cause to believe he had committed a crime. Once (the deputy) heard his side of the story, and if he'd talked to the other woman whose car he'd accidentally jumped into, he'd have learned that too."

Killmer stated Ward's family previously attempted to settle out of court, but were "blown off" by Pueblo County, at which point they decided to file suit in federal court.

The deputies later were deemed justified in their use of lethal force by the 10th Judicial District Attorney's Office, according to Chieftain media partner KRDO News Channel 13. However, Ward's family believes it was a senseless killing by law enforcement.

"Our family is devastated," said Eddie Stamp, Ward's brother. "Richard did nothing to deserve such brutality. We demand accountability for those that are responsible for killing Richard. We will not rest until justice is achieved."

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

This article originally appeared on The Pueblo Chieftain: Pueblo County, sheriff's deputies sued for 2022 fatal shooting