Larimer County Sheriff Justin Smith has refused to serve a red flag petition against a Colorado State University police officer, calling the petition a "fraud."

Susan Holmes filed the petition against CSU Police Corporal Philip Morris in regards to the fatal shooting of her son in 2017.

According to The Coloradoan, Morris fatally shot 19-year-old Jeremy Holmes on July 1, 2017 after the young man charged at officers with a hunting knife that he had been asked to drop over 40 times.

Holmes can be heard saying that he wanted to die on body camera footage of the incident. His mother had called police earlier that day after her son made an alleged threat to a family member.

The Larimer County District Attorney's office cleared Morris and another officer present of any wrongdoing in the situation.

A red flag petition, also known as an extreme risk protection order, allows someone to request to have a person's firearms removed, as long as a judge has deemed them to be a threat.

The petition must be filed by law enforcement, or a family member or household resident of the alleged violent person.

In Holmes' petition, she falsely claims that she is related to Morris through a child in common.

She also accuses Morris of recklessly using a firearm and insinuates that Morris committed violent and aggressive acts from 2013 to 2017.

Morris has no criminal record in Colorado.

Despite the fact that Smith is refusing to serve the petition, a hearing for Morris' case is still scheduled for Thursday (January 16).

Officials passed the red flag law on January 1, and it has since been invoked multiple times.

Smith believes that there are "tremendous procedural deficiencies" in the law, and has promised to investigate any abuse of the system.

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