Albany County paid $1.2 million to settle a wrongful death lawsuit brought by the mother of Robert Ramirez, whose son was shot and killed in 2018 by a sheriff’s deputy with a checkered history, a newly released document shows.
After a protracted legal fight brought by WyoFile to obtain the records, during which Albany County cited possible harm to the public as a reason for withholding public documents, officials released the previously confidential settlement agreement Friday.
The document shows that the county paid the $1.2 million to settle a lawsuit brought by Debra Hinkel after then-Albany County Sheriff’s Deputy Derek Colling shot her son Robert Ramirez twice in the back, killing him on Nov. 4, 2018. Ramirez, a 39-year-old Laramie resident, was unarmed and living with mental illness when Colling pulled him over for a minor traffic violation. As part of the settlement, the county also agreed to mental health intervention training for deputies.
“I’m happy that the information is out there,” Hinkel said. “I’m happy that there was at least some accountability.”
After an investigation into Colling’s use of lethal force — his third in uniform — Albany County Prosecuting Attorney Peggy Trent declined in 2019 to bring charges against the deputy for Ramirez’s death. In addition to his involvement in three fatal police shootings, Colling was fired from the Las Vegas Police Department after facing accusations that he beat a videographer.
Then in September 2020, Hinkel filed a federal wrongful death lawsuit. After almost two years of court proceedings, parties settled in May 2022.
Albany County denied WyoFile’s initial August 2022 public records request for the settlement agreements because the documents were “privileged or confidential by law,” then-County Clerk Jackie Gonzales wrote in an email on Oct. 2, 2022.
Ten months later, the Wyoming Supreme Court ruled in Gates v. Memorial Hospital that settlement agreements involving government entities are subject to the transparency requirements of the Wyoming Public Records Act regardless of confidentiality provisions. Citing that fresh legal precedent, WyoFile resubmitted its request to Albany County on Aug. 22, 2023.
Albany County responded on Sept. 15, filing in the 2nd District Court in Laramie seeking clarification from the court regarding its obligation to honor WyoFile’s request for the settlement agreements.
In one of several motions, John Bowers, an Afton-based attorney hired to represent the county, argued that releasing the settlement documents “would be viewed as a breach of the confidentiality agreement by the parties and cause Albany County and the public funds to be at risk by incurring additional litigation.”
Judge Misha Westby declined to weigh in during a hearing in December. But before the legal battle could continue, Albany County gave up the fight.
“Upon receiving no clarification, Albany County is releasing the Settlement Agreement, in its entirety and without redaction, to the public in accordance with the decision in Gates,” Albany County Sheriff Aaron Appelhans said in a press release mailed to the media late Friday afternoon.
In addition to $1.2 million to the estate of Mr. Ramirez, the settlement agreement included a provision that the Albany County Sheriff’s Office would make a “reasonable effort” to continue crisis intervention training for deputies. The program is designed to improve how law enforcement responds to mental health crises.
The settlement agreement was also contingent on U.S District Court Judge Nancy Freudenthal entering an order stating that “she finds there is no legal basis for evidence tampering” and denying Hinkel’s motion for default judgment.
That motion — filed by Hinkel’s attorneys in March 2022 — alleged the sheriff’s office altered videos of Colling killing Ramirez by deleting damning scenes from body camera footage.
News of the settlement’s release was bittersweet for Rep. Karlee Provenza (D-Laramie), who founded Albany County for Proper Policing in the wake of the Ramirez shooting.
“I’m glad [Sheriff] Appelhans released the settlement agreement so that the people of Albany County can finally get some closure on how many of their tax dollars went towards defending Derek Colling and [former-Sheriff] Dave O’Malley,” Provenza said, “but we could have avoided every penny.”
She questioned why the process took so long.
“Our communities shouldn’t have to fight so hard for transparency from our government,” Provenza said.
Thank you for your perseverance and at least this there’s an end that’s now the beginning of hopefully more serious investigation of how the emoluments from “We the people” are used against us by our elected.
A good example of this you will find similar to this as what happened from a “wrongful death” case in Rawlins, Wyoming where the Officer was a Sergeant at the time to rhe “DEATH” them promoted to Lieutenant shortly after the “settlement” of something like $925,000.00.
Of course the City of Rawlings according to an interview with the then City Manager apparently cost me City of Rawlings $5,000.00 which is the maximum co-pay for the City’s insurance premium!
So my fellow Americans and Wyoming neighbors can you phantom: WHO paid the REST OF THE MONEY? So did “We the people” really get transparency for the emoluments that our elected servants are given? The only real winner here is the B.A.R. from both sides.
My fellow Wyoming neighbors what is the “ACTUAL COSTS” to “We the people”! Was “Justice” really served or was a message of “How dare THEY” really served? Were we treated as an ENEMY utilizing the “legal system” to prove that their methods was going to be an example to our Wyoming neighbors and fellow Americans? Know well that the co-pay was going to be paid?
How is the or was the number of the settlement really reached? The insurance allowance or “Justice”?
Do these words mean anything:
“We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Do our “elected” appreciate those words? Are they really doing anything is respect and Honor or are “We the people” being shown that the emoluments for the Honorable position bestowed them is what? Are these words are just for show:
“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and Justice for all.”
My fellow Americans and Wyoming neighbors QUALIFIED IMMUNITY really needs taken off the table and removed not only from that City and county but the whole State of Wyoming. Now is the time before my or your family member or our American neighbor’s family member is forever gone because we ALL are neighbors across this hugh Nation we ALL call home.
Two Americans are forever GONE and was “Justice” really, really served as our Preamble and The Pledge of Allegiance was meant and if so why is QUALIFIED IMMUNITY there and why the insurance policy co-pay so reasonable? How much money did it cost the governance of Laramie?
Especially at or if the same as Rawlins, Wyoming at $5,000.00!
So are your and my and neighbors lives only valued at $5,000.00! What message is lingering out there with “QUALIFIED IMMUNITY” as the safety net? Please look into removing QUALIFIED IMMUNITY and know it is not even CLOSE to what most or someone may be believing is to defend the police not even close apples and oranges of a difference. Semper Fi!
Seems awful cheap for human life taken needlessly. US government paid much more then that for killing an Afghanistan farmers goat!!
“Albany County Prosecuting Attorney Peggy Trent declined in 2019 to bring charges against the deputy for Ramirez’s death.”
Lets play editor – Albany County Prosecuting Attorney Peggy Trent, who strongly opposed the hiring of Derek Colling, but was discounted by Sheriff O’Malley, utilized a grand jury to determine whether there was sufficient cause to indict Derek Colling. A jury of his peers determined that there was insufficient evidence and Peggy Trent rightly did not waste taxpayer money in fighting a losing battle.
No other Wyoming County Attorney has utilized a grand jury when faced with a similar decision as they have the power to decide individually whether to prosecute a cop; however, no good deed goes unpunished and the “good citizens” of Albany County ran her out of town.
Peggy Trent stacked the expert witnesses in the grand jury with pro-cop “consultants.” She was also glib and insensitive to public concerns about how officers intimidated residents. She was awful in this final chapter of her Wyoming career, a disappointment just like O’Malley.
The Grand Jury was a Cop-Out. (pun intended)
What she did was somewhat understandable under the circumstances. Prosecuting Colling was never going to happen, so certainly she was in a tough spot. But let’s not pretend that grand juries are impartial or aren’t routinely abused by prosecutors. Her decision in this case was a self-serving effort to further obfuscate the matter and redirect responsibility and blame away from her and the county and the community saw right through it. It wasn’t her only option. It wasn’t her worst option, but it probably wasn’t the best one either. She made her choice and the community reacted accordingly, and that reaction was perfectly valid.
And frankly, people NOT being run out of their jobs when the government screws up and kills somebody then circles the wagons to protect its own is a far more common reality. That’s a big part of the problem.