FOX31 Turns to R&H for Legal Insight After Evergreen High School Shooting

A tragic shooting at Evergreen High School left two students hospitalized and a 16-year-old shooter dead by suicide.  

As investigators continue to search for answers, FOX31 Denver turned to Robinson & Henry Criminal Defense Senior Associate Adam Pienciak to explain how Colorado law could impact the shooter’s parents.  FOX31 interviewed Pienciak for his legal insight in the story "Attorney discusses parental liability in gun cases after Evergreen High School shooting."

Authorities have confirmed the gun used was a revolver handgun of an unknown caliber. Law enforcement is now focused on how the teen obtained the weapon and whether the adults in his life could face criminal charges.

“There is a law in Colorado that requires all adults to safely secure and store firearms in their home,” Pienciak told FOX31. “And that’s something that parents should be aware of.”

Pienciak broke down what Colorado considers responsible firearm storage under the state’s Unlawful Storage of a Firearm law:

• A firearm is on your person or

• It is within close enough proximity that you can easily retrieve it as if it were on your body or

• It is locked in a safe or another secure container or

• A locking mechanism is properly installed on the firearm or

• Personalized firearm safety features are activated

“You can have a firearm on your person or within close proximity of your control,” Pienciak said. “The issue with that is it’s kind of up to debate. What does that mean in every specific incident?”

Failing to store a gun properly in Colorado is a class 2 misdemeanor, punishable by up to 120 days in jail, a $750 fine, or both. But, Pienciak warned, more serious charges could come into play.

“In addition to that, this is more of a stretch, but if the prosecution attempts to charge an adult or a parent for what a child has done, making the argument that the parent or adult is somehow responsible for the actions of the minor and the deaths that the minor caused or the injuries that the minor caused could be looking at more serious felony charges where several years in prison could be on the table,” Pienciak said.

Pienciak pointed to a growing trend in the U.S. of prosecutors pursuing parents after their children commit acts of gun violence.

“I think a way of looking at it is you would be blaming the adult, saying the adult acted recklessly or negligently in allowing the child to have access to a weapon and then also for not stopping or informing law enforcement about the child’s plans to commit a serious crime,” Pienciak explained.

He referenced the 2024 case in Michigan, where parents were sentenced to at least 10 years in prison after their 15-year-old son killed four classmates in a school shooting.

“I think over the past few years, you have seen more attempts by prosecutors’ offices throughout the country to try to go after parents for things that their kids have done,” Pienciak said. “I don’t know if that’s something that’s going to continue to evolve over the years, but if you’re a parent, I would look at that and say, I need to be extra careful with how I secure my weapons and extra careful with, you know, keeping track of whether my kids are involved in potentially violent activity.”

Jefferson County investigators have secured warrants for the shooter’s home, phone, and locker, but have not said how the teen obtained the firearm.