by North Forty News Staff | NorthFortyNews.com
CIRT investigation finds no criminal charges after PIT maneuver leads to death and serious injuries
A months-long investigation into a May 23 pursuit crash in south Fort Collins has concluded that a Larimer County Sheriff’s Office sergeant acted lawfully when using a tactical vehicle intervention to stop a fleeing driver. The maneuver resulted in the death of one passenger and serious injuries to the driver.
The incident began late that night when deputies attempted a traffic stop near Roma Valley Drive and Napa Valley Drive. The driver, later identified as Kenneth Lujan, fled in a white Toyota Camry, running stop signs and red lights while reaching speeds over 50 mph. Deputies pursued the vehicle through residential neighborhoods before Sergeant Samuel Roth used a tactical vehicle intervention (also called a PIT maneuver) near 5151 Boardwalk Drive. The car crashed into a tree and caught fire.
Three occupants were transported to hospitals. Passenger Timothy Lobato suffered life-threatening injuries and later died on June 18. Lujan sustained serious injuries and remains in custody facing felony charges, including vehicular eluding and vehicular assault.
Because the crash caused death and serious injury, the Eighth Judicial District Critical Incident Response Team (CIRT) was activated. The Loveland Police Department served as the lead investigating agency, with assistance from Fort Collins Police Services, Colorado State Patrol, and oversight from the District Attorney’s Office.
District Attorney Gordon McLaughlin released his findings on August 22. His review determined that Sergeant Roth was legally justified under Colorado law in using force to protect the public and effect Lujan’s arrest. The report stated that nonviolent means had failed, that Roth’s actions were consistent with department policy, and that deputies quickly rendered aid to the vehicle occupants after the crash.
“While the consequence to the vehicle passenger, Mr. Lobato, was tragic, death was not the intended or probable outcome of the maneuver,” the DA’s report stated. “The totality of the evidence reveals Sergeant Roth was legally justified in his use of force.”
The report emphasized that CIRT’s scope is limited to determining whether deputies violated criminal law, not whether agency pursuit policies themselves are appropriate. No criminal charges will be filed against Sergeant Roth.
Full details of the DA’s findings are available on the Larimer County Government website.
Information from the Eighth Judicial District Attorney’s Office, Larimer County Government, and CIRT findings.