DENVER — The tranquility of a typical day at home was shattered for Kirsty Shelton and her family when they were suddenly confronted by a SWAT team at their apartment door. Engaged in routine activities with her daughters and their grandmother, the unannounced appearance of armed officers demanding entry caught them completely off guard. The intent of the officers was to apprehend a man residing directly across from the Sheltons, but confusion led to their unexpected intrusion, according to a lawsuit lodged Tuesday against Denver police officers.
Despite the grandmother’s urgent attempts to rectify the officers’ mistake, she and her daughter were forced out of their home at gunpoint. Body camera recordings from the June 2023 event reveal that the officers were alerted to their error but continued to enter. Within the confines of their bedroom, two young girls, aged just 5 and 6, faced the intimidating presence of the officers. While the officers attempted to soothe the situation by suggesting the children continue to play, the girls reacted with alarmed screams.
Legally secured in their vehicle for about an hour, the family endured further distress while officers took control of and searched their apartment for the suspect. The lawsuit affirms that the officers knew their target resided in apartment 307, clearly marked and differing from the Sheltons’ number 306. Police, however, allegedly did not concede their mistake nor acknowledge the operation afterward.
The operation’s supervisor noted in a subsequent report that the family was “contacted, advised of the situation and evacuated for their own safety,” according to the lawsuit. Meanwhile, Shelton insists that the incident left enduring emotional scars on her family, who have since required extensive counseling to cope.
“The police pledged to investigate, but have instead concealed the event, failing to release an official report well over a year later. They still act as if it never happened,” Shelton expressed in a statement.
Efforts to obtain comments from the police concerning the lawsuit went unanswered. Lawyers John Holland and Dan Weiss, who represent the Shelton family, point out discrepancies in some officers’ accounts, which do not acknowledge the entry into the family’s home. The individual they were pursuing was eventually arrested hours later in the correct apartment across the hall.
The legal claim was filed under Colorado’s police reform law from 2020, which does not permit officers to avoid lawsuits by claiming qualified immunity, a defense available in federal cases. The suit asserts that at least 10 officers breached the family’s constitutional rights against unjustified searches and seizures and subjected them to undue force.
Errors of this nature are uncommon in SWAT operations, according to Thor Eells, a former SWAT member and current executive director of the National Tactical Officers Association. He notes a significant decline in such incidents over the past decade, largely due to improved training and a strategic shift away from hurried drug-related missions. However, once engaged, officers cannot simply disengage upon realizing an error; instead, they must ensure the location is secured to eliminate potential threats.
“The safety of everyone involved necessitates completing the initial securing of the premises,” explained Eells, who refrained from commenting specifically on the Denver case.
Tactical experts suggest that apprehensions within apartment complexes pose unique challenges due to the fluid nature of occupancy, ambiguous unit numbers, and the risk of gunfire breaching neighboring units. When possible, officers can engage in surveillance operations, acquire detailed floor plans, and conduct preliminary checks of the location before executing a raid, advised Mark Lomax, past executive director of the National Tactical Officers Association and a retired major from the Pennsylvania State Police.
