Family of unarmed man killed by Pueblo County deputies in crowded middle school parking lot file lawsuit against sheriff's office

A wrongful death lawsuit has been filed in U.S. Federal Court for the District of Colorado on behalf of the family of a man shot to death by Pueblo County sheriff's deputies one year ago.

The incident began in a middle school parking lot when 32-year-old Richard Ward was seen trying to get into a car that was not his. He explained to deputies that he had mistaken the car for the one he came in.

Attorneys for the plaintiff's released body camera video of what came next. Deputies approached Ward who was in the backseat of the car he arrived.

Ward was asked if he's under the influence of anything? He said no.

Asked by a deputy for ID or if he has any weapons, Ward answered, "I think I might have a pocket knife, I don't know."

He pulled a lighter out of his pocket and put it aside then put a pill into his mouth. Attorneys for Ward's family say the pill was for anxiety.

Deputies told investigators they believe he might then have been reaching for a weapon when he was pulled out of the car. A struggle took place, during which time the word "gun" could be heard. The deputy struggling with Ward on the ground then fired several shots into the man. The body camera video audio did not reveal the context of the word "gun."

Ward was shot three times in the chest. He's seen on the ground still moving as the deputies stand over him.

This was outside Liberty Point International Middle School. Children were present as the shooting occurred during dismissal. Ward's mother was in the car when the shooting happened.

"I can't find the words to explain to my younger son, who I was picking up at school that day I just can't find the words it shattered the whole family", she told reporters at a news conference Tuesday.

Her son was on the ground for three minutes with no assistance until paramedics arrived. Deputies told investigators they were concerned for their safety immediately following the incident.

At that news conference, attorneys for the family called it a case of murder.

Attorney Darold Killmer said, "remember, Richard Ward was unarmed, was not trying to flee the scene and was not threatening in any way the deputy or anybody else."

The sheriff's deputies involved in the case were cleared of any criminal charges by the district attorney, following an investigation that found the shooting justified.