Two former Boulder County sheriff's deputies were found guilty, Friday, of manslaughter of 23-year-old Demetrius Shankling.
Shankling, in Sept. 2018, was picked up by former officers James O'Brien, 52, and Adam Lunn, 39, and transported to the Addiction Recovery Center. During the court hearing, Defense Attorney Carrie Slinkard said Shankling was "extremely intoxicated." In addition to alcohol in his system, Shankling had also ingested amphetamines.
The officers, working an extra shift doing transport duties, physically placed Shankling on his stomach and bound his hands behind his back, placing him into a holding compartment, which contains benches with seat belts.
The compartment was less than 5 feet in length. Shankling was 6 feet tall, according to the arrest affidavit.
The deputies had to lift Shankling's feet off the floor and press the compartment door to close it, causing Shankling's left leg to be wedged inside the door, according to the affidavit.
It took 16 minutes for officers to transport Shankling to the Addiction Recovery Center. Upon arrival, he was found unresponsive and not breathing. He was taken to the Boulder Community Health's Foothill Hospital and later transferred to the Swedish Medical Center in Englewood three days after the incident.
Shankling died on Oct. 6, 2018 after spending 27 days in a coma. The coroner ruled in an autopsy that Shankling died from "“positional asphyxia with the combined toxic effects of ethanol and amphetamine contributing.” The death was ruled a homicide.
During the closing arguments of the officers' hearing, Assistant District Attorney Ken Kupfner and Senior Deputy District Attorney Christian Gardner-Wood argued that Shankling should not have been placed in a compartment less than 5 feet in length.
“To be clear, Demetrius Shankling died because of James O’Brien and Adam Lunn and their reckless conduct and reckless action,” Gardner-Wood said. “It’s not the sheriff’s office’s fault, not the van’s fault.”
The attornies also argued that the officers, having training on positional asphyxia, misused the tool (the van) given to transport Shankling, leading to his death.
Slinkard argued in her closing argument that the incident was an accident and that her client have had the weight of the incident on their shoulders for three years.
“I want to start by acknowledging the tragedy,” Slinkard said. “Absolutely, hands down, this was a tragic event and that needs to be considered. My clients have had the weight of this incident on their shoulders for the past three years. But it’s sad because it was an accident. Accidents can’t amount to crime.”
Both O'Brien and Lunn were initially placed on administrative leave in Sept. 2018. In March 2019, their employment with the Boulder County Sheriff's office was terminated following an internal investigation.
The former officers were found guilty of manslaugher for the crime and will face sentencing at 10 a.m. on Nov. 4. They face potential sentences of between two and six years.
DA Michael Dougherty stated, “This jury verdict is justice. But for the acts of defendant James O’Brien and defendant Adam Lunn, Demetrius Shankling would be alive today. Instead, because of them, the 23rd birthday he celebrated that night was his last. The guilty verdicts reflect what members of law enforcement, including Sheriff Joe Pelle, immediately recognized about the actions of these two individuals on September 9, 2018. They are fully responsible for the death of Demetrius. It was a difficult trial, but our team was honored to fight for justice for the victim and his family. We appreciate the jury’s service. They reached the right and just outcome.”
