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BOULDER, Colo. –

Boulder police said Thursday that a former State Patrol officer who was punched while trying to defend his neighbor from her boyfriend used a handgun to control the man until police arrived.

Seth Kurtz, 25, of Littleton, was arrested after 10:45 p.m. on suspicion that he hit the 53-year-old former officer and tried to break into his girlfriend’s apartment in the 1000 block of 30th Street.

Police spokeswoman Sarah Huntley said Kurtz broke out a window on the balcony of the woman’s apartment during an argument they were having. When the 19-year-old woman ran to her neighbor’s apartment, the neighbor grabbed a handgun and confronted Kurtz.

Kurtz hit the man in the face, Huntley said, and the former officer drew his weapon and ordered Kurtz onto the floor. Police arrived a few minutes later and found the neighbor had backed off and Kurtz was climbing down the balcony railing.

Kurtz was arrested and booked into the Boulder County Jail on suspicion of trespassing, third-degree assault, criminal mischief and domestic violence.

Police did not immediately release the names of the neighbor or the woman, but said the former officer appears to have acted appropriately.

Archived comments

I don’t like those people that nit pick the camera and complain at how much it sucks. I like the fact I can get my local news from the paper, but I wouldn’t pay for it. You know why? Because I agree with those people I just said I don’t like :).

I have to comment on this: the “his girlfriend’s apartement” as very ambiguous subject in a badly written sentence.

“Seth Kurtz, 25, of Littleton, was arrested after 10:45 p.m. on suspicion that he hit the 53-year-old former officer and tried to break into his girlfriend’s apartment in the 1000 block of 30th Street.” Who is his? The officer or the perp?

I think this happens quite a bit in the DC and I won’t pay for a paper that doesn’t have proper editing standards or execution. My newsprint $$$ will goto the NYTimes, but I do like the DC for local stuff. Just try to up the standards a bit, guys.

NSFW

2/19/2009 4:15:13 PM

If you or me did that wouldn’t we get felony menacing?

but since he is an ex-cop he “acted appropriately”

vYRaL303

2/19/2009 5:48:31 PM

NSFW I think I`d be more concerned that; When the 19-year-old woman ran to her neighbor’s apartment, the neighbor grabbed a handgun and confronted Kurtz.

Kurtz hit the man in the face,Huntley said, and the former officer drew his weapon and ordered Kurtz onto the floor.

Questions;

#1 Is her neighbor`s apartment the former officer`s residence?

#2 Is the neighbor that grabbed a hand gun the former officer?

#3 Who in their right mind would strike a person pointing a gun at them.

#4 Why would anyone grab a gun and confront someone then let that person strike them?

#6 Why is he a FORMER officer?

#7 Why is a former officer armed period, much less “drawing his weapon” as though still on active duty?

windskull

2/19/2009 5:51:09 PM

Why would he defend a neighbor who has a handgun?

/dnrtfa

InigoMontoya

2/19/2009 5:54:34 PM

Windskull, I happed to know that he is “former” because he is retired.Nothing more to it than that.

BCBee

2/19/2009 6:05:37 PM

windskull asks:

“#7 Why is a former officer armed period, much less “drawing his weapon” as though still on active duty?”

If you were paying attention in 7th grade social studies, you might remember the 2nd Amendment to the Constitution – you know – THE RIGHT TO BEAR ARMS part.We all have the right to be armed.And, based upon the Colorado “Make My Day” law, he has a right to protect people and property.Soon after that law was enacted, it was tested by a neighbor who used it to protect the property next-door to his.He got away with gunning-down a perpetrator who was committing a home invasion in a well-to-do Denver neighborhood. Bravo!

Better to see an armed citizen use his weapon and training in a responsible manner than to have another woman battered or possibly murdered by a nitwit with no respect for the law.

jazzwoman53

2/19/2009 6:19:38 PM

Looks to me like the former trooper acted appropriately; he refrained from drawing the weapon until after the perp hit him in the face.

This man stepped up and defended his neighbor from a violent person; he had no obligation to do so, but chose to help.

Thanks, whoever you are.

fgd135

2/19/2009 6:57:38 PM

BCBee That`s all well and good Bee but being a retired police officer does not give this man any more authority than you or I to as the story infers be carrying a holstered weapon in our everyday activities.

Colorado use to allow open holsters BUT many restrictions applied and I may be mistaken here but if memory serves when the CONCEALED WEAPON Permit Law went into effect the open holster policy was abolished

jazzwoman since I attended 7th grade in 1970`s and the make my day law was not even drafted until 1985 you clearlydon`t have any respect for your elders so maybe a lesson in fact from your betters will give you food for thought…

Colorado statute 18-1-704.5 (emphasis added):

1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

In plain English? If some guy breaks into your house, and you think he intends to commit a crime in addition to breaking and entering, and you think he might attack you or yours, then it’s okay to kill him.

windskull

2/19/2009 7:01:31 PM

jazzwoman The ONLY reason the incident you referenced did not result in that neighbor going to prison for clearly acting outside the scope of the above statute ie Make My Day Law is as you noted they were an affluent aka wealthy neighborhood

windskull

2/19/2009 7:06:40 PM

When the 19-year-old woman ran to her neighbor’s apartment, the neighbor grabbed a handgun and confronted Kurtz.

Kurtz hit the man in the face, Huntley said, and the former officer drew his weapon and ordered Kurtz onto the floor.

This implies that the neighbor who grabbed a handgun and confronted Kurtz was NOT the (retired)officer as it says Kurtz hit the man in the face and then the former officer drew his weapon ordering Kurtz to the floor which infers that the retired officer was indeed wearing the weapon in a holster and besides my entire point was directed to NSFW for coming off holier than thou when both feet are tamped squarely between the upper and lower rows of teeth!

windskull

2/19/2009 7:40:04 PM

Wind,

was numbskull already taken as a username?

1.you don’t know the law – open carry was NOT removed from the books.Perhaps you can cite otherwise?It’s ignorant to post something incorrect that you can validate right here on the internets.Try reading Article II Section 13 of the Colorado Constitution, or CRS 29-11.7-103, 104 for further clarification on the restrictions to said open carry.

2.Someone’s age has nothing to do with whether to respect their elders – simply whether or not you are deserving of their respect.

Your first questions are completely inane.The situation is pretty clear, albeit the writing could have been better.

1.Perp bothering girl

2.Girl goes to neighbor (who happens to be former PD)

3.Former PD offers to help girl, grabs gun just in case

4.Former PD confronts perp peacefully, perp reacts hostilly

5.Former PD pulls weapon as last resort.

If he pulled the weapon first or wasn’t better trained he might have shot, then you’d all be on his case for that.Instead he tries to resolve peacefully but with “backup” to prevent further violence and the situation resolves in an appropriate arrest.

How you find fault with the way that situation was handled is the crime here.Go back to studying how 9/11 was an inside job.

civilibertarian

2/19/2009 10:55:26 PM

wind(ynumb)skull:

Read the story: “a former State Patrol officer who was punched while trying to defend his neighbor from her boyfriend used a handgun to control the man until police arrived.”

Also, please learn the difference between “infer” and “imply”. It will make you seem more intelligent than you actually are.

glock27

2/19/2009 11:01:36 PM

civil and glock if either of you bothered to read what I said,I admitted I might be mistaken about the open holster,(they were heavily legislating flap holsters vs open and considering just how accurate the trained police are who practice shooting constantly and cannot hit a guy in a car driving straight at them,I`d be damn leery of the average”armed” citizen most of whom buy the biggest hog leg around and the yo-yo that sold it to them never bothers to say, Oh BTW the muzzle velocity on that weapon willhurl that bullet which is about the size of a 3/8ths inch socket through the cracker box walls of easily 8-10 apartments should you fire it from say apartment #1 parallel to the hall through your neighbors wall(s))

Before you get testy or wanna be testes you should really do research ask a cop and while your at it crack openRoget`s Thesaurus as infer is synonymous,(that means the same captain short bus & huckleberry dillinger)with imply!

Furthermore read it again…her neighbor`s apartment…the neighbor grabbed a handgun and confronted Kurtz who then struck QUOTE “the neighbor” in the face NOT former officer as the former officer is defined throughout the article as just that a former Officer!

A reasonable person OH, MY BAD neither of you possess the cognitive reason of persons that are rationale otherwise you would see from an observers standpoint the reporter clearly describes the woman, theneighbor AND the retired/former officer not as one being but 3 distinct individuals 4 counting Kurtz who ain`t all there either so puff on that for a few grab some of your namesake snack cakes(twinkies) and CHILL

When the 19-year-old woman ran to her neighbor’s apartment, the neighbor grabbed a handgun and confronted Kurtz.

Kurtz hit the man in the face, Huntley said, and the former officer drew his weapon and ordered Kurtz onto the floor.

windskull

2/20/2009 2:27:07 AM

windskull is the friendliest term I could muster for N.E. Colorado empty headed republican bureaucrats who can only halt the wind whistling through by putting a finger in one ear, common sense thankfully removed Marilyn Musgrave from the fold now all we need is the boys in white to butterfly net that nutjob Brophy the jury is still out on Cory Gardner who appears at least semi-lucid

windskull

2/20/2009 2:31:26 AM

Posted by windskull on February 20, 2009 at 3 a.m. (Suggest removal)

2004 the Senate enacted CONCEALED CARRY for current and former trained ie law enforcement personnel

http://cbi.state.co.us/ccw/Statutes/L…

Colorado has no specific open carry law SOR-RY!!!

http://www.google.com/search?sourceid…

Hmm civil hope ya like the taste of crow!

http://www.defensivecarry.com/vbullet…

windskull

2/20/2009 3:01:48 AM

http://www.dailycamera.com/news/2009/feb/19/arapahoe-road-closed-police-stop-boulder/#comments

Mr President, based on the collective responses here to A if not THE quintessential Darwin Award it would appear this ranks #1 for the place to fence and bundle disturbed members of society as there is a self assembled congregation already in close proximity! Being an idiot is one thing but for so many to make light of the very real fact paranoids are getting concealed weapons permits at alarming rates and kids frequent the squat box ~er~ taco bell this could have ended very very badly! Peace

windskull

2/20/2009 3:16:26 AM

FYI snivelibertarian,I own The Bradford Exchange 1994 edition of CRS which includes Court Rules and what`s more have you ever had weapons seized by police AND gotten them back? I have, hand guns and long guns both without the need of any petty fogging lawyer neither!

windskull

2/20/2009 4:08:11 AM

Windskull, retired officers, just as active officers, are allowed to carry concealed.They must carry their retired ID card and meet certain training and regular qualification requirements.Plus, he was in his home, so what difference does it make if it was on him or not?

BCBee

2/20/2009 7:01:49 AM

civilibertarian….

Just wanted to say thanks for clearing it up for all the cop hating folks on here.

blueman

2/20/2009 7:55:42 AM

windskull. he’s not being charged. unless you have some conspiracy theory about how he’s getting off with this, seems to me that there was no crime committed.

oh, well, except that part where the suspect punched his neighbor. and the domestic.

NSFW

2/20/2009 8:45:27 AM

windskull – colorado has a “shall carry” law which is the opposite of a grant.Article II grants RKBA and the further CRS state that for an OPEN carry to not be permitted, they must post in public to not allow.

So you are right – there are no laws “permitting” open carry because Article II grants the RKBA.The only laws on the books are what conditions prohibit it.

A sane person would watch how they carry openly in CO, especially in Denver/Boulder because the door is open for the police to interpret your “carry” as felony menacing by creating a scary situation, so despite the right being on the books there are loopholes that would make me nervous to do so.

As for the grammar used in the article, neighbor and former PD are quite obviously interchanged.In any case the situaion was that there was violence and the former PD stopped it from getting worse – a peaceful resolution with a handgun.That really angers you, doesn’t it?

civilibertarian

2/20/2009 9:05:44 AM

Another problem, solved by a Citizen, that is properly armed and trained.I can hear the gnashing teeth in Boulder from 15 miles away…

zoom

2/20/2009 10:07:05 AM

civillibertarian writes As for the grammar used in the article, neighbor and former PD are quite obviously interchanged. In any case the situaion was that there was violence and the former PD stopped it from getting worse – a peaceful resolution with a handgun. That really angers you, doesn’t it?

windskull replies, Again you missedthis last line in the article…

Police did not immediately release the names of the neighbor or the woman, but said the former officer appears to have acted appropriately.

Where do you not get this describes 3 distinct individuals, the neighbor,the woman AND lastly the former Officer? As for your final remark apparently you did not see my post over here http://www.dailycamera.com/news/2009/feb/19/arapahoe-road-closed-police-stop-boulder/

windskull

2/20/2009 3:52:26 PM

ps civilibertarian this link is the cbi post of a Senate Act…Law Enforcement Officers Safety Act of 2004 http://cbi.state.co.us/ccw/Statutes/LEOSA.asp

my point regarding Roget`s was aimed(no pun)at the grossly misinformed glock27 which is also to whom the make my day law posting was directed for people like that, though well intentioned watching CSI hardly makes them qualified to act responsibly in a critical situation and more often than not adds to rather than curbs a crisis!

windskull

2/20/2009 4:08:38 PM

Perhaps…if the news that the Daily Camera publishes would have more concise writing, performed by actual college grads who majored in journalism, and was polished by truly talented editors, all of this contention wouldn’t be necessary.But then what would numbskull find to do with his time.

Oh, BTW numbskull, of course the “affluent/wealthy” neighbor got away with bending the Make My Day law because he was affluent and wealthy.But, thankfully, he did set a precedent for the rest of us.

I’ll be polishing my Big Lots tire iron this very evening…then I think I’ll take a late night walk around the neighborhood, thank you.

jazzwoman53

2/20/2009 5:15:10 PM

jazzwoman53 you only further insult the dim lit bureaucrats for whom windskull derives with your less than clever limited wit, next you`ll run to the over sink mirrored vanity spouting off in reference to doctor prescribed substances,undoubtedly the neighborhood should give thanks neither glock27 or yourself were at the taco bell or likely you would have acted on that woefully ill informed notion and in senseless fashion I`d be further vindicated by the tragedy of your errors as civilibertarian said when you seek to inform research first…peace

windskull

2/20/2009 6:00:49 PM

jazzwoman53 did you even read what you wrote? Oh, BTW numbskull, of course the “affluent/wealthy” neighbor got away with bending the Make My Day law because he was affluent and wealthy. But, thankfully, he did set a precedent for the rest of us.

What you are saying here is the idea there are 2 sets of laws appeals and if that is from where you are coming do the world a service and just stay home

windskull

2/20/2009 6:08:32 PM