One holdout kept a Clear Creek County jury from convicting a former deputy of second-degree murder in the death of Christian Glass, according to an attorney for the Boulder man's family.
“Based on conversations with the jury it is our understanding that 11 of the 12 jurors found Deputy Buen guilty of second-degree murder within the first hours of the deliberation," Siddhartha Rathod confirmed late Friday.
The panel was also deadlocked on a second charge of professional. misconduct but convicted Buen of reckless endangerment, a Class 2 misdemeanor.
The 10 women and two men deliberated for two-and-a-half days before they convened in the Clear Creek County courtroom Friday afternoon to tell 5th Judicial District Judge Catherine Cheroutes that they had hit a roadblock in reaching a verdict on the most serious count against Andrew Buen. She encouraged them to go back and try again, but to stay true to their convictions, a legal process called the Allen Instruction.
As they left the courtroom, some carrying note pads and pens, one of them turned and took a long look at Christian Glass mother, Sally, who was sitting in the front row.
Two hours later, the jury returned with a guilty verdict of reckless endangerment for Buen in Glass' June 2022 shooting death, but had to admit that they were stuck on the second-degree murder charge.
Several of the jurors looked toward the Glass family with tears in their eyes. One sat with her arms firmly crossed.
"Maybe they were sorry that a verdict wasn't reached," Mrs. Glass said outside of the Clear Creek County Courthouse.
With the jury unable to reach a verdict on two counts, it's unclear whether there will be a retrial or if Buen will take a plea deal. Monday, all parties will meet to discuss sentencing and iron out other legal details.
Heidi McCollum said that she has not decided whether to retry the case. "The tenor of law enforcement in Clear Creek County has been tainted, and I don't know how long it's going to take for that taint to be lifted," she said after the announcement.
Buen has been free on bond and without the distinct possibility of prison looming, returned home Friday night.
Buen, his family and his team of attorneys left the courthouse without comment.
The Denver Gazette asked court administrators to contact jury members to explain what happened but had not heard back by press time.
Stan Garnett, former Boulder County prosecutor and now a defense attorney, said that cases against law enforcement are tough for juries because peace officers have the right to use force in some circumstances. "They (juries) have to evaluate these complicated charges in a way to reach a unanimous verdict," he said.
The narrow 11-1 verdict, Rathod said, "should send a message to Deputy Buen and the other criminal defendants that they will be held accountable for their actions.”
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