A district judge recently denied a motion to force prosecution against a Transfort bus employee in Fort Collins that hit and killed a man last January.
In January, Jason Telleen was killed while working at the city's Transfort maintenance facility where the Larimer County bus service houses and maintains its fleet. Camera footage from the incident shows the driver moving at a high rate of speed, striking Telleen in the middle of a paved area in the facility before rolling the vehicle in reverse.
After an investigation, local police and the district attorney did not recommend pressing charges against the unidentified driver. They concluded that the driver's maneuvers were prudent and reasonable. Telleen's mother, Patricia, disagreed and filed the motion in October.
KUNC host Mike Lyle spoke with The Coloradoan reporter Eric Larsen on the outcome of the decisionand how the family is still fighting for justice.
"They've been searching for justice all the way," said Larsen. "And they are continuing to say, 'We're going to go to whatever ends we can to make that happen."
Larsen said the family can put their case in front of the Colorado Supreme Court, but is up against a fast approaching deadline.
"The appeal has to take place really fast and filed before the one year anniversary of Jason's death, which was January 24th," said Larsen. "So it's a very quick turnaround for them after this decision."
The driver in the incident was put on paid leave during the police investigation and later returned to work. Police said the driver, who was not charged in the accident, was working in his designated area as a maintenance person and had their commercial driver’s license. 8th Judicial District Attorney Gordon McLaughlin also said that the facts from the investigation did not warrant any criminal charges.
After the court's ruling, Telleen's mother hired her own investigators to look into her son's death. She and her attorneys argued the driver acted carelessly and should face charges.
"The District Attorney's office for its part has said that they have the obligation to put forward a case that has a reasonable expectation of getting a guilty verdict from a jury," said Larsen. "The DA said it was definitely unfortunate and a tragedy, but not criminal."
Larsen said Fort Collins and Transfort officials have taken several measures in the aftermath, such as having all of their drivers wear protective equipment and high visibility clothing. They've also added more speed limit signage in parts of the transit facility and created some designated pedestrian walkways to keep them safe.
