Otis Frieson, Jr., was shot and died in July 2009
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COLORADO SPRINGS, COLO. -- The District Attorney's Office of the 4th Judicial District will not be filing charges against Timothy Curtis in the shooting death of Otis Freison, Jr., that happened in July.
The incident took place at the Rampart Range shooting range in Colorado Springs.
Shortly after noon on July 18, 2009, the two men were shooting together at the range. Curtis had finished shooting with his Smith and Wesson SW9VE semi-automatic pistol and walked back toward Freison and the table from where they were shooting.
Curtis indicated he did not have his finger on the trigger of the weapon and thought he had shot all of the rounds. He stated that he dropped the slide on the pistol and it discharged. The round entered the chest of Freison who was seated at the time.
Curtis and others at the scene attempted rescue efforts and called 911. Despite their efforts, Freison was pronounced dead at the scene when paramedics arrived.
The investigation revealed that Curtis and Freison were close friends and revealed no ill will between them. Witnesses indicated there were no arguments that day and the two men were getting along fine. Consistent with this, Curtis was extremely distraught over the incident and the loss of his friend. `
The pistol was examined by a forensic firearms examiner, who explained to the D.A.'s Office that semi-automatic pistols are manufactured so they will only fire when the trigger is pulled. They should not discharge when the slide is merely dropped.
Examination of Curtis's firearm revealed a defect which could cause the weapon to discharge when the slide is dropped even if the trigger is not pulled.
Based on the findings of the forensic examination, the El Paso County Coroner’s office has found the manner of death to be undetermined.
In reviewing the facts surrounding the shooting, the forensic firearm examination of the weapon involved, and a review of the coroner’s records, the D.A.'s Office has determined that, based on the evidence available, there is insufficient evidence to bring criminal charges against Curtis at this time.
