AURORA, Colo. (CBS4)- New details have emerged in the deadly shooting of a Colorado teenager by a former police officer. The 18th Judicial District Court in Colorado has released the arrest affidavit for Adam Holen, the former Greenwood Village police officer charged with murdering 17-year-old Peyton Blitstein.
It all began when former officer Holen followed a car filled with teens and confronted them for speeding. The confrontation happened in front of Amber Roseborough's house and her daughter was driving the car.
"She said mom some guy is calling me 'sweetheart' and saying 'I love you' and saying I'm speeding on the road," Roseborough said.
The newly-released police paperwork reveals teens told investigators Holen pulled a weapon on them. In his initial interview, Holen said he had his gun out of his holster and at the "low ready" while he sat in his truck arguing with the teens because he believed something was about to happen. Later he told investigators he didn't have a weapon drawn.
Next Holen got out of his truck and approached the teens. Roseborough describes what happened next.
She said, "I opened the door to say 'what the heck is going on' but when I said 'what' gunshots happened."
Blitstein had gotten out of the car and raised what police call a "ghost gun" and shot Holen in the hip. Police say Peyton's gun jammed and Holen shot Peyton five times.
CBS4 legal expert Raj Chohan believes legally that Holen was the aggressor, which is likely why he's charged with second-degree murder, even though Blitstein shot first.
"Under Colorado law, the initial aggressor who pulls a gun, who engages in threatening conduct doesn't get to flip the title and say 'Hey I'm the victim because the person I was threatening decided to essentially defend themselves by firing first,'" Chohan said.
While Blitstein had a gun that he could have gotten into trouble for having in a different situation, Chohan says it doesn't matter because he may have felt in fear for his or his friends' lives if Holen had his weapon drawn.
"He would have been allowed to initiate deadly force to protect himself if his belief that deadly force was about to be used on him was reasonable," said Chohan.
Holen faces multiple charges, including second-degree murder and prohibited use of a weapon while drunk. Peyton Blitstein's father Todd says he wishes Holen could be charged with more.
"I really wish there was the push for the first-degree murder charges however I am satisfied that they finally locked down some type of charges," said Todd Blitstein.
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