DENVER (KDVR) — A physical dispute at the entrance to a Walmart in Thornton in July 2023 has spurred a civil case, filed by one of the involved women against an off-duty Adams County Sheriff’s Office deputy.
The incident resulted in the deputy’s arrest, but the district attorney’s office that reviewed the incident declined to file charges against the 17-year office veteran for reasons listed in a letter issued in August 2023. The woman who filed the complaint, Linda Hurley, said she suffered a fractured skull, brain bleed, concussion and broken nose from the off-duty deputy’s conduct.
The district attorney’s letter cites witness statements but said they are conflicting. District Attorney Brian Mason also wrote that he wasn’t clear who was the aggressor in the case. Hurley told FOX31 after the letter was released that she felt there was a lack of accountability on all sides.
“Charge both of them, OK? Charge my daughter. Charge him. Fight it out in court. I tried to de-escalate the situation,” Hurley said.
Lawsuit alleges string of events began in Walmart
It all happened on July 18, 2023, at the Walmart on East 128th Avenue. Hurley, her daughter Erika Smith, and Hurley’s 3-month-old granddaughter were at the store, as was off-duty Adams County Sheriff’s Office deputy Ezekial Spotts.
Hurley said in her lawsuit that Spotts cut them off while they were trying to exit the store and subsequently exchanged words. That’s when the incident got physical.
According to the lawsuit filed earlier this month, Hurley asked Spotts to not block the exit, which “apparently angered” the man, causing him to engage with Smith near the exit. The lawsuit states that he was “challenging” Smith, “daring her to hit him.”
Smith refused to hit Spotts, the lawsuit alleges, adding that “Spotts continued to escalate and shoved Ms. Smith backwards.” The lawsuit alleges that this is when Smith “struck” Spotts, and said the blow “did little to slow Mr. Spotts continuing advance, so she slapped him again.”
Hurley then alleges in the lawsuit that Spotts punched Smith, and Hurley tried to get between the pair and de-escalate the incident. She also noted in the lawsuit that Spotts was identifying himself as a police officer while this happened.
“When Ms. Hurley continued to separate Mr. Spotts from Ms. Smith, he threatened her with arrest for intervening,” the lawsuit further alleges. Hurley said that Spotts refused to provide a badge number, and the civilians tried to get to their car and leave.
However, Hurley alleges that Spotts followed them to their car and stated his intention to photograph Hurley, Smith and the car’s license plate. He allegedly told Hurley to close her trunk door so he could take the photograph, and Hurley told him to leave.
He refused, the lawsuit states, and tried to force the door closed, and Smith then intervened. Hurley said that this is when Spotts put his camera in her daughter’s face, leading to her “swatting” his hands and phone away, and things once again got physical.
Hurley said Spotts “seized” Smith by her neck with both hands, causing her to lose consciousness. Hurley’s lawyers alleged this is when she tried to pull Spotts off her daughter, and said Spotts “seized Ms. Hurley by the arm and repeatedly punched her in the face.” During the altercation, the 3-month-old baby was also allegedly pushed to the ground and was unresponsive for a time.
Eventually, a bystander intervened and called 911. Hurley immediately sought medical treatment and discovered the brain bleed, concussion, fractured skull and broken nose which she says was a result of Spotts’ “attack.”
“Believing he had done nothing wrong, Mr. Spotts remained at the Walmart as Thornton Police Department officers arrived,” the lawsuit alleges. Spotts told deputies he initiated the physical confrontation, and the lawsuit says that officers documented minor scratches on Spotts from the encounter.
Lawsuit alleges history of violence in Adams County Sheriff’s Office
The lawsuit listed some violent incidents that allegedly involved the Adams County Sheriff’s Office in an effort to demonstrate a history of violence by deputies.
The incidents listed date back to 2009, but some are as recent as December 2023. The Adams County agency operates its own training academy, and Hurley’s lawyers alleged that deputies are insufficiently trained on proper techniques instead of using excessive force.
Hurley is seeking damages against Spotts, alleging that he used excessive force and was malicious or reckless in his actions against her.
“Adams County’s well-documented history of using excessive force without fear of discipline, failure to train its officers in proper arrest control techniques, failure to require ongoing training for officers, and condoning years of police brutality were the cause and moving force of (Hurley’s) civil rights deprivations,” the lawsuit states.
Hurley also is seeking damages against Adams County, with her lawyers alleging that the county’s policies and failure to oversee the sheriff’s office led to the fight with Spotts.
Spotts nor Adams County has filed a response yet to the civil complaint in federal court.
