Defense attorneys were brief in presenting their case in the retrial of former Clear Creek County Sheriff’s Deputy Andrew Buen, who is accused of shooting and killing Christian Glass in 2022.
They rested Tuesday afternoon after Buen told the judge that he declined to testify in his defense.
Two defense witnesses testified Tuesday morning. Agent Matthew Sailor with the Colorado Bureau of Investigations was assigned to the Major Crimes Unit at the time of the shooting. He performed video analysis on the body worn camera of one of the officers from the incident.
Sailor, who is now with CBI’s Cold Case Unit, testified that in his report the law enforcement attempted to de-escalate and calm Glass down when trying to get him out of his vehicle.
He also said the 22-year-old Boulder man had reached out the window to try to stab then-Georgetown Police Marshal Randy Williams.
Another witness, private investigator Jason Chilson, also reviewed body-worn camera footage along with interviews. He also believed de-escalation tactics were used during the confrontation.
Chilson told the jury that Glass had the ability to use force given the position he was in at the time.
“So, Mr. Glass was 22 years of age. He was 6’1” and he weighed approximately 204 pounds. He was in a position where he had the ability and fitness and mental state,” Chilson said. “He absolutely had the opportunity. He got up in his seat, he made slashing maneuvers out the rear window of the car.”
Chilson also said Buen’s use of deadly force was a direct response to Glass’ knife slashes toward Williams.
“For Chief Williams putting himself in range of the knife attack, he wouldn't have been able to be struck by that knife. But I also said that he didn't put the knife in Christian's hand, and he didn't force Christian to slash the knife at him and use deadly force against him,” Chilson said. “And then, I also said that that was done by Chief Williams, and so it puts Deputy Buen in a very tough position and he's forced to respond to that.”
Glass was heading home from Utah when his car was stuck on a dirt road on a late night near Silver Plume. He had called 911 for assistance. He had told dispatchers that he had knives, a hammer, and rubber mallet in his vehicle that could be considered weapons, and offered to throw them out of a car window.
The encounter that lasted about 70 minutes ended with law enforcement deploying bean bags and tasers. Buen fired five rounds into the car when he saw Glass with a knife in his hand, striking and killing him.
Throughout the trial, Glass’ drug use before the incident and behavior during his interaction with law enforcement has been a focal point for defense attorneys.
Glass admitted to officers that he had smoked cannabis before they arrived. The defense had pointed out that pill bottles were found in his car. They also noted that self-inflicted knife wounds were found on his body.
Last week before the prosecution rested its case, forensic pathologist Dr. Meredith Frank, who performed the autopsy on Glass, told the court that he was killed by the five bullets shot by Buen.
Defense attorneys motioned for acquittal on grounds that the prosecution didn’t present enough evidence that he knowingly caused Glass’ death, but was denied.
The jury will return Wednesday to hear instructions about the charges at 11 a.m. Closing arguments will begin at 1 p.m.
