Boulder County, Colo. -The investigation and legal analysis of the use of force on December 27, 2024, and subsequent death of Jesus Lopez Barcenas, 36 years old, on December 29, 2024, involving Boulder Police Department Officers Jarret Mastriona and David Middlebrooks and University of Colorado - Boulder Police Department Officers Sean Seaver and Larry Hargreaves and Sergeant Troy Lewis has been completed.

The Boulder County Investigation Team, also known as the Boulder Critical Incident Team (BCIT), investigated this case. The multi-agency team is designated to investigate use-of-force incidents in which any law enforcement officer within the 20th Judicial District uses deadly, or potentially deadly, physical force against a person while acting under the color of official law enforcement duties. Consistent with Boulder County protocol, BPD and CUPD did not participate in this use-of-force investigation regarding law enforcement officers.

The following is a brief summary of the facts contained in the District Attorney’s decision letter:

On December 27, 2024, 911 calls prompted law enforcement officers to respond to a report of a suspicious person and possible crimes in progress. Law enforcement encountered Mr. Barcenas. Mr. Barcenas repeatedly made nonsensical statements and attempted to damage property. Attempts to detain Mr. Barcenas resulted in a struggle, resisting arrest, and an attempt by Mr. Barcenas to take one of the officer’s firearms. Our analysis concluded that the above-referenced officers and sergeant used only the degree of force necessary to gain compliance and handcuff Mr. Barcenas in order to effect a lawful arrest of him, which was legally reasonable.

When paramedics arrived, paramedic Edward McClure injected Mr. Barcenas with a sedative before doing a proper medical assessment and used restraints to place Mr. Barcenas in a prone position on the gurney, a position in which a handcuffed patient is never to be placed in per AMR protocol.

Paramedic Edward McClure, also, positioned the gurney at an upright angle so that Mr. Barcenas’ upper torso and head were in a more elevated, prone position. While in the ambulance, this paramedic then placed a spit sock over the head of Mr. Barcenas. Paramedic Edward McClure was determined by AMR to have violated several of their policies and protocols in his treatment of Mr. Barcenas.

The forensic pathologist concluded that Jesus Lopez Barcenas died because of complications of sudden cardiac arrest following a physical altercation which included prone positioning and the use of restraints and sedative, and that the toxic effects of methamphetamine contributed to his death.

It is alleged that Mr. McClure made several inconsistent statements and written reports following this incident.

This DA’s Office attempts to expeditiously complete all BCIT reviews and issue a decision promptly. This investigation had several unforeseen delays. The autopsy report was not completed until May based upon the thorough review and analysis required of the forensic pathologist. Additionally, American Medical Response (AMR) indicated early in the investigation that they would cooperate with the investigation but then failed to respond timely to several communications and requests from investigators.

The District Attorney’s Office secured an Arrest Warrant, charging Mr. McClure with Manslaughter as outlined in C.R.S. 18-3-104(1)(a), and Second Degree Forgery, as outlined in C.R.S. 18-5-104.

District Attorney Michael Dougherty stated, “The Critical Incident Team conducted a thorough and independent investigation, which is so important in cases such as this one. Based on our careful analysis of that investigation, the law enforcement officers involved were legally justified in using force against Mr. Barcenas. However, the reckless acts of the paramedic led to the untimely and tragic death of Mr. Barcenas. Our prosecution team will fight hard to secure the right outcome in this criminal prosecution, particularly for the loving family of Mr. Barcenas and for this community.”

The District Attorney’s detailed report can be found at this link: https://www.bouldercounty.gov/districtattorney/officer-involved-shooting-decision-letters/

As in every criminal case, these charges are merely an accusation, and the defendant is presumed innocent unless or until proven guilty.