Prosecutor won’t file charges against former Thornton Police sergeant, but calls use of force ‘uncontrolled and irresponsible’

THORNTON, Colo. — A suspect arrived at a Thornton hotel to pay to have sex with a teenage girl, but it was a sting. The suspect ended up with a spinal fracture and head wound, and Thornton Police have since fired the sergeant who caused the injuries. 

On Thursday, 17th Judicial District Attorney Brian Mason decided the former sergeant’s actions were not criminal. 

On February 8, 2024, the suspect arrived to finalize the deal with an undercover officer. Meanwhile, Thornton Police officers waited in an unmarked car for the signal to make an arrest.

When they got the signal, officers rushed out. About three seconds after yelling, “Police! Get on the ground,” former Thornton Sergeant Rusty Waters tackled the suspect while yelling, “Get on the f***ing ground,” according to bodycam video.

The suspect was tackled on ice and fell back onto his head.  You can see him on the ground in the top right of the picture below.

The suspect has since pleaded guilty to attempting to solicit child prostitution, as well as contributing to the delinquency of a minor. 

For months, Waters has been under criminal investigation. Westminster Police already looked into his use of force, finishing its investigation in March. 

Mason released a decision letter on Thursday, Oct. 24, declining to prosecute Waters.

“Let me be clear: I do not find Sergeant Waters’ actions here to have been appropriate,” the letter reads. “On the contrary, I find Sergeant Waters’s conduct to be overly aggressive, uncontrolled, and irresponsible.” 

Mason said he concluded that he would not file charges because he could not prove beyond a reasonable doubt that Waters intended to hurt the suspect, and could not disprove that Waters believed the suspect posed a threat to the officers. 

Colorado Peace Officer Standards and Training records show Thornton fired Rusty Waters for cause on Aug. 26. Thornton has refused to release internal affairs records, which would explain why Waters was fired, because he has appealed the termination. That appeal has not yet concluded.