New 11th Judicial District Attorney Jeff Lindsey (pictured here) noted that former DA Linda Stanley sat on a CBI investigation that would have led to charges against former Custer County Deputies. -Tribune photo by Jordan Hedberg
The Office of the District Attorney for the 11th Judicial District has completed the review of a tasing incident that occurred in Custer County on January 18, 2022.
In January 2024, Custer County Sheriff Lloyd Rich Smith was provided a copy of a civil suit regarding the tasing by a Custer County Sheriffâs Office (CCSO) Deputy of a 16-year-old runaway. The incident happened in January 2022 under the administration of CCSO Sheriff Shannon Byerly.
The Sheriffâs Office became aware on January 22, 2024, that a civil suit had been filed against three former deputies and one current deputy for an incident that occurred on January 18, 2022, under a previous sheriff. The Custer Sheriffâs Office was not named in the state civil suit and was never served with a copy of the lawsuit. Furthermore, it does not appear that the incident was investigated at the time by any outside law enforcement agencies.
Recognizing the importance of this case, the newly elected sheriff formally requested an investigation by the Colorado Bureau of Investigation (CBI) into statements made in the civil suit. This troubling incident was thoroughly investigated by CBI. The completed investigation was sent to then District Attorney Linda Stanley in March of 2024. This investigation sat at the District Attorneyâs office until 2025, when Sheriff Smith asked newly-elected District Attorney Jeff Lindsey to review the investigation and make a charging decision. Unfortunately, at this time, no charges can be filed.
The 16-year-old runaway from a foster home in Fremont County was located in a trailer in Custer County. She was contacted by CCSO Deputies Michael Kear and Miles De Young. In attempting to transport the juvenile to CCSO, Deputy Kear âdryâ stunned the juvenile and later, when they arrived at CCSO, fully tased the juvenile after she would not get out of the police cruiser. CCSO personnel (by this time, CCSO Sgt. Scott Hinshaw was present) put the juvenile into a restraint chair and placed her in a holding area inside CCSO. Numerous personnel were inside the Sheriffâs Office, including EMS personnel from Custer County Ambulance Service. The juvenile was eventually transported to Parkview Hospital in Pueblo for treatment.
Sheriff Smithâs decision to notify CBI of this use of force incident was the right thing to do. The previous administration should have notified CBI at the time of the incident. Not doing so means that the 18-month statute of limitations to file ran, and no criminal charges could be filed. The statute of limitations is jurisdictional. The District Attorneyâs Office believes probable cause existed for the filing of misdemeanor third-degree assault and false imprisonment charges. However, charges cannot be filed based on the expiration of the statute of limitations.
â Press release by the 11 Judicial District Attorneyâs Office