By Tony Keith
Published: May. 9, 2024 at 2:35 PM MDT|Updated: Aug. 6, 2024 at 11:32 AM MDT
COLORADO SPRINGS, Colo. (KKTV) - A $100 million lawsuit was filed against someone who was working as a Colorado Springs Police officer at the time of a use-of-force incident. The document can be viewed at the bottom of this article.
CLICK HERE to read CSPD’s statement on this case.
Watch a replay of a news conference featuring the suspect, Jacob Root, at the top of this article.
WARNING: The video at the bottom of this article shows the moment a man was tazed and reportedly paralyzed. It may be hard for some to watch.
The public announcement of a lawsuit came from a news release on behalf of attorneys Harry Daniels and Tyler A. Jolly. The release explains the attorneys representing 31-year-old Jacob Root believe an officer with the Colorado Springs Police Department acted recklessly when tasing Root.
The incident happened on May 16, 2022 when police and the El Paso County Sheriff’s Office were investigating a stolen car at a gas station along Airport Road, according to the news release.
“While ignoring multiple opportunities to recover the stolen vehicle while unoccupied, the task force eventually approached Root to the Kum & Go gas station on Airport Road,” the news release reads.
The law firm claims police tased him without warning, citing “CSPD General Order 500.″ The general order requires officers to give a clear verbal warning before deploying a taser or any use of force while CSPD’s Standard Operating Procedures on the use of Conducted Electrical Weapons (CEW) strictly forbids officers from tasing someone “in an elevated position or a location where a fall may cause substantial injury or death.”
The tasing caused Root to fall down face first, the law firm says he was unable to use his hands to break his fall and his neck broke, leaving him paralyzed. The law firm says he is now “a quadriplegic.”
In the video, you can hear an officer yelling, “get on the ground, police K9 stop, police K9 stop you’re going to get bit, you’re going to get bit! Get on the ground,” a few seconds before a tazer was used. At the end of the video you can hear the officer explain he didn’t want the suspect to get hit by traffic.
KKTV 11 News reached out to the Colorado Springs Police Department for comment on the lawsuit or the bodycam video that was shared with 11 News. When we receive a response this article will be updated. Based on court records, the charges Root was facing tied to the incident were dismissed by the 4th Judicial District Attorney’s Office. KKTV 11 News has also reached out to the DA’s office for comment on why those charges were dismissed.
The defendant in the lawsuit is Robert Comstock. 11 News has asked if Comstock is still employed with CSPD.
You can read the final review and findings from CSPD here.
CSPD’s written statement:
On May 9, 2024, the Colorado Springs Police Department was made aware of a lawsuit filed against CSPD Officer Robert Comstock, by Mr. Jacob Root and the law Office of Harry Daniels in conjunction with Jolly Law P.L.L.C. CSPD takes these allegations seriously and wants to provide our community with the complete set of facts regarding the incident. The relevant body-worn camera (BWC) footage of CSPD’s multiple attempts to take Mr. Root into custody, and the final report and findings from the internal investigation into the officer’s use of force are available for review below.
On May 16, 2022, at approximately 1:30 PM, law enforcement personnel with the Beat Auto Theft through Law Enforcement Taskforce, which includes personnel from the Colorado Springs Police Department, El Paso County Sherriff’s Office, and Colorado State Patrol located a stolen Ford Fusion in the parking lot of a motel in the 3900 block of North Nevada Avenue. Officers attempted to apprehend the suspect (later identified as Mr. Root) driving the stolen vehicle. The suspect fled in the vehicle, striking a marked police cruiser in the process. Officers did not continue to pursue the suspect at this time, so there is limited BWC footage from this initial contact.
Approximately 20 minutes later, Taskforce officers located the stolen vehicle in the parking lot of a convenience store in the 2500 block of Airport Road. As uniformed officers approached the vehicle, the suspect was walking from the store to the vehicle. When the suspect saw the officers, he fled on foot. Multiple officers pursued the suspect, also on foot, lawfully ordering him to stop. Officers identified themselves as police, and warned force would be used if he did not stop. The suspect continued to run from officers. During the pursuit, an officer with an outside agency attempted to detain the suspect using a tool, known as a Bolo-Wrap, but it was ineffective.
Officer Comstock commanded the suspect to stop running and Officer Comstock warned that a police canine would be used if he did not stop. As the suspect continued to evade officers and approached Airport Rd, Officer Comstock deployed his taser. The suspect fell and officers took him into custody. Officers rendered medical aid and called emergency medical services to respond.
During his medical treatment at the hospital, the suspect was found to be paralyzed. While our goal is to complete every call for service in a safe manner,unfortunately the suspect sustained injuries during his attempt to flee officers, who were readily identifiable and had commanded him to stop.
Any time there is a use of force, especially when it results in serious bodily injury, it is imperative for our department to look critically at the decision-making and context surrounding the use of force. As such, CSPD initiated a level two internal affairs investigation into the use of force by Officer Comstock. After review through the deputy chief, Officer Comstock was exonerated from any policy violation or wrongdoing. CSPD stands by the findings of this internal review. Officer Comstock is a valued employee and is in good standing with the department.
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