Colorado Mother Of Good Samaritan Files Lawsuit Against Police For Mistaking Her Son For An Active Shooter

A Colorado mother on Wednesday filed a federal lawsuit after her son was shot and killed by police who believed him to be an active shooter.

Kathleen Boleyn is the mother of John Hurley, who pulled out his gun and went after suspect Ronald Troyke, who ambushed and fatally shot Officer Gordon Beesley. According to court documents, Troyke had a "virulent hatred for the police."

According to Fox News, Boleyn filed the lawsuit in the District Court of Colorado, where the complainant cited Arvada Police Department Chief of Police Link Strate and former APD officer Kraig Brownlow. The lawsuit said, "Instead of concerning himself with self-preservation, Mr. Hurley hurried out the store, drew a concealed carry pistol from his waistband, and ran toward [Troyke]."

Court documents revealed that Hurley shot Troyke five times and killed him before taking the his AR-15 and removing the magazine. But when police saw the Good Samaritan taking out the shooter, Brownlow shot and killed him. Boleyn said in the complaint that Brownlow "determined that he needed to immediately eliminate the man in the red T-shirt without even providing a warning."

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Lawsuit Claims Good Samaritan Saved Others From Being Attacked

Boleyn's lawsuit claims that Brownlow saw Hurley "completely stationary" and that an "active shooter" would have been "moving toward targets." It added that if it were not for the Good Samaritan's deeds, "there is no telling how many lives Troyke would have claimed."

However, District Attorney Alexis King later cleared Brownlow after he claimed that it appeared as if Hurley was reloading the rifle or trying to fix it. King even praised Brownlow and said he thought Hurley was another mass shooter.

Detective David Snelling said in a statement on the lawsuit that they are standing by the District Attorney's "findings" and "internal review," which found that Brownlow's actions were "consistent with APD policy and procedures." Snelling added that they have no intention changing any of their training or response protocols at the moment and that they were confident that "any mischaracterizations will be resolved in court."

Grieving Mother Recalls Her Son's Bravery as a Good Samaritan

Boleyn recently spoke to 9 News about her late son, the Good Samaritan who shot an active shooter to save other people's lives. She described him as someone who was "so fun to be with" and a person who "had so many friends in all different walks of life, in all different avenues of profession or sport or friendship." She added that her son had "compassion" and knew that he was "being called upon" to help and even "answered that call.

"Johnny did a heroic thing, but he didn't have to die from doing it," Boleyn lamented.

The Colorado mother's lawsuit alleges that when Beesley was ambushed and fatally shot in Olde Town Arvada, Colorado by Troyke, her 40 year old son who was in a nearby store heard the gunfire, ran out of the store, and fatally shot Troyke to prevent him from hurting other people. She also alleged that three APD officers were inside a police administrative office and also heard the gunshots and saw Troyke, who was described as a "heavy-set man," CPR News reported.

Boleyn's lawsuit alleged that the APD officers had instead "they cowered inside, choosing self-preservation over defense of the civilian population." Moreover, the lawsuit said that Brownlow never announced himself as an officer before shooting Hurley from behind, calling it an "unreasonable" act as the rifle was pointed down and was not making any threats.

Brownlow "did not give Johnny a chance at life," Boleyn's attorney Matt Cron said.