Felony assault charges filed against father and son in violent citizen's arrest
Felony assault charges have been filed against a father and son accused of beating a man during a violent citizen's arrest in September, according to court records.
Doug Cullison and his son Nate Cullison have both been charged with second-degree assault — intent to cause harm with a deadly weapon, a Class 4 felony.
The charges stem from an incident on Sept. 14, 2022, when Doug Cullison, a volunteer medic with the Pueblo County Sheriff's Office, and Nate Cullison, a trained amateur mixed martial arts fighter, allegedly detained and brutally beat a suspect accused of assaulting Doug Cullison's wife, a teacher at a nearby school.
Video of the citizen's arrest, captured on security camera footage taken from outside of Nick's Dairy Creme on the East Side, showed Doug Cullison confront the individual and tackle him to the ground. Two unidentified males then approached the scene and one of them punched the detained man several times while Cullison held him.
Minutes later, the video showed the arrival of Nate Cullison, who sprinted from his vehicle and immediately began striking the downed man. Nate Cullison can be seen on video punching, kicking and elbowing the restrained man at least 25 times while he screams for help.
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On Sept. 14, the suspect subjected to the citizen's arrest and beating was issued a ticket for battery and released, according to a Pueblo Police Department report, but police later upgraded their criminal allegation against him to third-degree assault.
Pueblo police also initially recommended third-degree assault charges against the Cullisons, based on the degree of the man's injuries, and Pueblo Police Chief Chris Noeller told Chieftain news partner KRDO News Channel 13 he believed that Nate Cullison's status as a trained MMA fighter could not elevate the charges against him.
However, 10th Judicial District Attorney Jeff Chostner opted to press more serious charges in the case.
Shawn Conti, an attorney for the victim in the case, said he was pleased with the DA's decision.
"It's not a very common fact pattern where a skilled fighter goes out and inflicts this level of damage on someone," Conti said.
"Normally, skilled fighters are very disciplined, but I believe the case law states that if you do have acumen or skill, whether you're a boxer, an MMA fighter, or some sort of Kung Fu master, you could be charged with assault with a deadly weapon under the theory that your hands, your feet, could inflict maximum damage comparable to the damage that could be inflicted with some sort of weapon."
A 1992 Colorado Supreme Court decision, People v. Ross, affirmed that fists can be considered deadly weapons, "depending on the manner in which they are used." In that case, the state supreme court reinstated a second-degree assault conviction previously overturned by an appeals court after Howard Ross, then 30 years old, struck then-72-year-old Samuel Cohn with a cupped hand, inflicting eight major fractures around his eyes, nose, and mouth.
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Conti told the Chieftain he believes that the charges against the Cullisons will likely bring relief to his client.
"I think he's going to feel very relieved because from day one when I met him, he was afraid that Nate and Doug were going to somehow retaliate against him and come back after him. The benefit of this is, I believe when they're brought into court, the court will likely issue some sort of mandatory protection order that states that Nate and Doug cannot have any contact whatsoever with (Conti's client) ... it's going to alleviate his fears and actually make him feel someone cares about him."
Chostner declined to comment Monday night on the charging decision.
Both Doug and Nate Cullison are scheduled to appear in court for the first time on the matter on June 14 at 9 a.m.
One count of third-degree assault, a misdemeanor offense, was filed against the man taken down by the Cullisons Thursday morning. The man is scheduled to appear in court June 12.
All suspects are presumed innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.
This article originally appeared on The Pueblo Chieftain: Doug and Nate Cullison face felony charges for violent citizen's arrest
