Longmont council to discuss Dariss Yearby shooting in closed session 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 Nov. 3. The session comes less than a week after 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.

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 5:30 to 7 p.m. window and calls for an open roll call and vote to enter executive session before the closed discussion. The packet describes a proposed procedure; it does not establish that the vote or session has taken place.

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. People seeking to attend the open portion are directed to contact the City Clerk’s Office for instructions.

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

The district attorney’s criminal review did not assess whether police tactics were appropriate or whether department policies and procedures were followed, the letter says. The council agenda lists policies and procedures among the topics for its discussion but does not say what the council may conclude.