Longmont council to meet in private on fatal shooting of Dariss Yearby

Why it matters

For Longmont residents, the Nov. 3 session separates two questions: prosecutors have decided no criminal charges should be filed, while the council still faces questions about police tactics, department policy and how much of that review happens behind closed doors.

Council schedules closed session for Nov. 3

Longmont City Council is scheduled to discuss the Dariss Yearby officer-involved shooting and related laws, policies and procedures in a closed session on Nov. 3 in Longmont, Colorado.

The council agenda schedules the session for 5:30 p.m. in the City Council Study Session Room at 350 Kimbark St. A proposed procedure in the meeting packet gives a window from 5:30 to 7 p.m. for the discussion.

The packet calls for an open roll call and a vote to enter executive session, the closed part of a public meeting, before the discussion begins. The packet describes that procedure as proposed, so it does not establish that the vote or the session has taken place.

Prosecutors find shooting legally justified

Boulder County District Attorney Michael Dougherty concluded the officer's use of deadly force was legally justified and said no criminal charges should be filed, less than a week before the scheduled council session.

Yearby was fatally shot Aug. 10 at a Longmont residence. In its decision letter, the district attorney's office said Officer Joshua Barry fired one round after officers found Yearby holding a woman in a headlock.

The office said Yearby had a hand concealed in a backpack and repeatedly said he had a gun. The office said the backpack contained no firearm.

Police tactics and policy remain for council

The district attorney's criminal review did not assess whether police tactics were appropriate or whether department policies and procedures were followed, according to the decision letter.

The proposed motion cites state open-meetings law and council rules as grounds for receiving legal advice, discussing negotiation strategy and instructions, and considering documents subject to mandatory nondisclosure under the Colorado Open Records Act, the state law governing access to public records.

People seeking to attend the open portion are directed to contact the City Clerk's Office for instructions. The council agenda lists policies and procedures among the topics for discussion but does not say what the council may conclude on Nov. 3.