Former Clear Creek County Sheriff’s deputies Kyle Gould and Andrew Buen appeared in court for the second time on Jan. 30, with Gould’s defense looking to dismiss his charges and the people’s representation looking for a joinder of the defendants.
Kyle Gould and Andrew Buen were indicted in November for multiple counts of criminally negligent homicide and reckless endangerment in relation to their roles in the death of Christian Glass, a 22-year-old Boulder man shot in Silver Plume in June 2022.
Gould’s defense filed a motion on Jan. 26, 2023 for the court to dismiss indictments against him for lack of probable cause and insufficient indictment.
“Mr. Gould should not have been charged and he should not have been indicted,” said one of Gould’s attorneys at the hearing on Jan. 30.
In the courtroom, Gould’s defense likened the case going to a grand jury to a sporting event being played with no opponent, due to the fact that going to a grand jury doesn’t allow the opportunity for a defense.
Glass's parents, present at the hearing, felt differently. They welcomed the due diligence of the justice system.
“You have to trust in the people, and the people are disgusted,” said Sally Glass outside the courthouse.
Simon and Sally Glass told how hard it was to sit and listen to the defense, in Simon’s words, “ducking responsibility.”
“It's incredibly hard to sit there and hear them basically try to get off,” Sally said.
But, the defense presented its motion, despite opening with condolences to the Glass family.
“Truly, we do not believe there is probable cause that Mr. Gould committed any crime,” Gould’s defense said.
Gould’s defense said that he was home the night of Glass’s death and that he gave the best advice he could at the time from where he was.
The People of the State of Colorado filed a motion on Jan. 24 for joinder to join the defendants.
The People’s cited CRCrP Rule 8(2)(b), Joinder of Defendants:
“Two or more defendants may be charged in the same indictment, information, or felony complaint if they are alleged to have participated in the same act or series of acts arising from the same criminal episode. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.”
The next hearing for Buen and Gould will be held at the Clear Creek County Courthouse at 11 a.m. on April 17. Similar motions to Gould’s defense are expected to be filed by Buen’s defense in the coming weeks.
As they left the courthouse, Simon and Sally were surrounded with family and friends clad in pink, Christian’s favorite color. Friends helped the two out of the building, tears brimming.
“To be that physically close to the man that murdered our son, it's just really hard,” Sally said.