Boulder Police Oversight Panel accepts December 2024 in-custody death file for review; review to await criminal proceedings

The Boulder Police Oversight Panel voted unanimously to accept case EBT0001234, the December 27, 2024 in-custody death that involved a City of Boulder Police Department interaction and a subsequent hospitalization, for panel review.

The panel’s independent police monitor, Sherry (independent police monitor), told members the panel will be able to review the evidence but that review is likely to take place only after the conclusion of the related criminal matter. “We are going to be able to review the the evidence, but it's going to be after the conclusion of the felony criminal trial or criminal matter. I don't know if it's going to go to trial or not,” Sherry said.

Why it matters: the case was flagged to the panel after a public report by the district attorney’s office. Panel review can result in findings or recommendations about policy or training; timing and access to evidence can be affected while a separate criminal prosecution proceeds.

At the meeting, a former panel co-chair, Victor King, had earlier asked whether the panel would look into the December incident. Panel members discussed procedural questions about whether the event qualified as a “critical incident” under the panel’s ordinance and the practical limits on evidence access while criminal charges are pending. Sherry said BPD does not control most of the evidence in this matter because criminal charges have been filed against one of the paramedics involved.

After that discussion the panel moved to a formal vote to accept the case for review. The roll-call vote recorded the following votes: Chico (panel member) — yes; Alan (panel member) — yes; Turner (panel member) — yes; Soledad (panel member) — yes; Milan (panel member) — yes; Lizzie (panel member) — yes; Jason (panel member) — yes.

The panel also voted to enter a closed session to discuss this and related matters; Soledad moved to go into closed session and Chico seconded the motion.

Next steps: with the panel having accepted the case for review, staff and the independent police monitor will schedule the formal review process. Sherry indicated the panel’s ability to review will be constrained until the conclusion of the criminal proceeding; the panel may choose to defer certain votes or take other scheduling steps if members request more time or if membership changes before a public review.

The panel announced no specific public timeline for the release of its review materials.