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The lawsuit alleges that the deputy handcuffed the teen but failed to look into two men who were inside a trailer where the runaway teen was found.
CUSTER COUNTY, Colo. — A lawsuit filed this month alleges excessive force by several Custer County Sheriff’s Office deputies after a runaway teenage girl who was found inside a home with two men was struck with a Taser twice while handcuffed.
According to the lawsuit filed Jan. 10, then-deputy Michael Kear got a call about a runaway girl who had stolen her guardian’s vehicle on Jan. 18, 2022. Kear, who was terminated from the sheriff’s office in October 2022, asked for a ping of the girl’s phone, which led him to an address on Lea Lane in Westcliffe.
Once there, a 51-year-old man answered the door. Kear asked whether the teen was inside the trailer and the man admitted she was, according to the lawsuit and body camera footage provided by attorney Kevin Mehr, who is representing the plaintiff.
Kear then went inside and found the girl, who had just turned 16, in a closet and “immediately” handcuffed her, the lawsuit says. He brought her outside and was met by Miles DeYoung, another deputy.
Both of the deputies dragged the girl by her handcuffed arms to the patrol car and she was placed inside but had her foot in the door, which prevented deputies from closing it, the lawsuit says. Kaer threatened to use his Taser on the girl if she did not get fully inside the car and eventually did use it on her as she was handcuffed.
The car door was then fully closed.
The deputies went to speak with the man who was inside the trailer, who, according to the lawsuit, said he traveled all over the state and “helped” girls by letting them stay in his trailer. According to the lawsuit, Kear told the man he had a warrant out for his arrest but gave him a “courtesy” of not arresting him on the warrant.
The lawsuit alleges that the deputies failed to look into the man or another unidentified man in the trailer, despite the situation presenting “all the hallmarks of sexual trafficking of a minor.”
The girl was then transported to the sheriff’s office and once there, she would not leave the car. While handcuffed, and with four deputies standing outside the car door, Kear again deployed his Taser, which hit the girl on her left side, according to the lawsuit.
None of the other three deputies – DeYoung, Deputy Megan Robbins, and Sgt. Scott Hinshaw – intervened in the “escalating and violent” behavior, according to the lawsuit. The girl was charged with resisting arrest but the charge was later dismissed.
POST records show that Hinshaw and DeYoung are not currently employed in law enforcement in Colorado but remain certified. Robbins is not certified but is employed with the Custer County Sheriff’s Office, according to POST.
Records indicate that Kearns was terminated “for cause” by the Custer County Sheriff’s Office on Oct. 18, 2022, and is not employed in law enforcement in Colorado. It’s not known whether his termination was related to this incident or something else.
9NEWS has reached out to the sheriff’s office for comment but has not yet heard back.
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