The lawsuit was filed by an attorney on behalf of Todd Blitstein, the father of Peyton Blitstein, in Arapahoe County District Court. The two claims for relief in the suit against Adam Holen, who faces second-degree, menacing and weapons charges in the shooting, involve wrongful death and a survival action.
According to an arrest affidavit and the wrongful death lawsuit, Holen felt the teenagers had cut him off and were driving carelessly in the neighborhood, which the teenagers denied. One did say they had been playing loud music in the vehicle. Peyton Blitstein was also carrying a handgun, which police said in the affidavit did not have a serial number and was made from different parts. People have to be 18 years old to own a firearm in Colorado.
Holen fired nine rounds, hitting Blitstein at least five times – four times in the chest and once in the arm. He died about 45 minutes after the shooting at Parker Adventist Hospital. It claims his breach of duty of care included following the teens in the first place, not de-escalating the argument with them, pointing the gun at the teens, failing to call police or leave the scene if he felt threatened by the teens, and shooting nine times.
“Adam didn't only kill Peyton. He killed the family. We don't have Christmas. We don't we're not gonna have Thanksgiving ever again. It happened on Thanksgiving. So that's gone," Blistein told Denver7 Thursday.
blairmiller So the kid pulled out a handgun with no serial numbers, fired at the guy and then got shot for his trouble.
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