DISTRICT COURT, DENVER COUNTY,

STATE OF COLORADO
1437 Bannock Street
Denver, CO 80202

Plaintiffs: JOSHUA THALLAS (Father of

Isabella Joy Thallas, Deceased), and
DARIAN SIMON

v.

Defendants: MICHAEL CLOSE, DANIEL POLITICA,

and TYRANT ARMS, LLC

▲ COURT USE ONLY ▲

Attorney for Plaintiff Joshua Thallas:
Joshua Maximon Case Number:
Mann & Maximon, LLC
900 Arapahoe Avenue Div.: Ctrm:
Boulder, Colorado 80302
303-991-2233
303-991-1895
[email protected]
Atty Reg #: 33870

Attorney for Plaintiff Darian Simon

Craig Silverman
Springer and Steinberg, P.C.
Craig Silverman, Esq.
Springer & Steinberg, P.C.
1600 Broadway, Suite 1200
Denver, CO 80202
(303) 861-2800
(303) 327-5974 fax
[email protected]
Atty Reg. #: 11224

COMPLAINT AND JURY DEMAND

Plaintiffs Joshua Thallas and Darian Simon, by and through their attorneys of record,
Joshua Maximon and Craig Silverman respectively, respectfully submit this Complaint and Jury
Demand against the defendants, and as grounds state and allege the following:

1
 JURISDICTION AND VENUE

1. Plaintiff, Joshua Thallas, was at all times relevant to this complaint, a resident of
the State of Colorado.

2. Plaintiff, Darian Simon, was at all times relevant to this complaint, a resident of the
State of Colorado.

3. Upon information and belief, Defendant Michael Close is a resident of the State of
Colorado.

4. Upon information and belief, Defendant Daniel Politica is a resident of the State of
Colorado.

5. Upon information and belief, Defendant Tyrant Arms, LLC is a business licensed
in the State of Colorado.

6. Venue is proper because the alleged torts were committed in Denver County
pursuant to C.R.C.P. 98(c)(5).

GENERAL ALLEGATIONS

7. Plaintiffs incorporate by reference herein all previous paragraphs.

8. On June 10, 2020, Defendant Close shot Isabella Thallas and Darian Simon.
Isabella Thallas died on scene. Darian Simon was critically injured. The shooting occurred at 3001
N. Fox Street in Denver, CO.

9. Defendant Close shot Ms. Thallas and Mr. Simon with a weapon believed to be an
AK-47 (the “Weapon”).

10. The Weapon was owned by Defendant Daniel Politica and/or Tyrant Arms, LLC.

11. Defendant Close shot Ms. Thallas and Mr. Simon with ammunition that also
belonged to defendant Politica and/or Tyrant Arms, LLC.

12. Upon information and belief, Defendants Close and Politica were close friends and
grew up together in metro Denver.

13. Upon information and belief, Defendant Politica was concerned about defendant
Close’s mental health and was going to take him to a mental health facility on June 10, 2020.

14. Upon information and belief, Defendant Close was aware that Defendant Politica
was in possession of the Weapon.

2
 15. Upon information and belief, the Weapon was transferred from Defendant Politica
and/or Tyrant Arms, LLC to Defendant Close.

16. Upon information and belief, the Weapon was reported stolen by Defendant
Politica 10-12 days after the shooting.

17. Joshua Thallas is the surviving father of the late Isabella Joy Thallas.

18. Upon information and belief, the Weapon and ammunition were not stored in a
weapons locker.

19. Upon information and belief, the Weapon was purchased by Defendant Politica or
Tyrant Arms, LLC.

20. Upon information and belief, Defendant Politica and/or Defendant Tyrant Arms,
LLC did not secure the Weapon and ammunition.

21. Upon information and belief, Defendant Politica allowed the Weapon to come into
the possession of Defendant Close.

FIRST CLAIM FOR RELIEF

(Wrongful Death -- Defendant Close)

22. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

23. Pursuant to C.R.S. § 13-21-202, Plaintiff Thallas has a statutory claim for wrongful
death against the Defendants. Plaintiff is the father of the deceased.

24. Ms. Isabella Thallas died as a result of the injuries she suffered when Michael Close
fired the Weapon out of his apartment window on June 10, 2020.

25. The firing of a bullet that killed Ms. Thallas is a battery because it is a harmful or
offensive touching.

26. Defendant Close intended to make a harmful or offensive physical contact with
Isabella Thallas or knew that he would probably make such contact.

27. Defendant Close knew or should have known that his actions would likely cause
harmful or offensive contact with Isabella Thallas.

28. By intentionally shooting Ms. Thallas, Defendant Close committed a felonious

killing.

3
 29. Defendant engaged in extreme and outrageous conduct when he fired the Weapon
out of the window in the direction of plaintiffs. Defendant engaged in such extreme and outrageous
conduct recklessly or with the intent to cause Isabella Thallas severe emotional distress aa a result
of defendant’s conduct. Isabella Thallas suffered extreme emotional distress and death. She
suffered injuries, damages, and losses in an amount to be proven at trial.

30. As a direct and proximate result of Defendant’s battery, outrageous conduct and
other wrongful conduct, Plaintiff has sustained economic damages, including but not limited to,
loss of the relationship between a parent and child, loss of services, loss of wages, loss of
investments, support and maintenance, as well as non-economic damages as set forth below.

SECOND CLAIM FOR RELIEF

(Assault and Battery against Darian Simon -- Defendant Close)

31. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

32. Defendant Close intended to make a harmful and offensive physical contact with
Plaintiff Darian Simon and knew that he would probably make such contact.

33. Defendant Close intended to place Plaintiff Simon in apprehension of such contact.

34. Defendant placed Plaintiff in apprehension of immediate physical contact.

35. Defendant Close knew and should have known that his actions would likely cause
harmful or offensive contact with Plaintiff Simon.

36. Defendant’s acts resulted in physical contact with Plaintiff Simon.

37. Defendant’s contact was harmful and offensive to Plaintiff Simon.

38. As a result of Defendant’s harmful and offensive contact with Plaintiff, he

suffered injuries, damages, and losses in an amount to be proven at trial, including economic,
non-economic and impairment damages.

THIRD CLAIM FOR RELIEF

(Intentional Infliction of Emotional Distress/Outrageous Conduct -- Defendant Close)

39. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

40. Defendant engaged in extreme and outrageous conduct when he fired the Weapon
out of the window in the direction of Plaintiff Simon and the late Isabella Thallas.

4
 41. Defendant engaged in such extreme and outrageous conduct recklessly or with the
intent to cause Plaintiff Simon severe emotional distress.

42. As a result of Defendant’s conduct, Plaintiff Simon suffered severe emotional

distress.

43. As a result of the severe emotional distress caused by Defendant, Plaintiff Simon
suffered injuries, damages, and losses in an amount to be proven at trial, including economic,
non-economic and impairment damages.

FOURTH CLAIM FOR RELIEF

(Wrongful Death -- Defendants Politica and Tyrant Arms, LLC)

1. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

2. Pursuant to C.R.S. § 13-21-202, Plaintiff Thallas has a statutory claim for wrongful
death against the Defendants Politica and Tyrant Arms, LLC. Plaintiff is the father of the deceased.

3. Plaintiff has suffered economic and non-economic damages, including, but not
limited to, loss of parental services, loss of financial support, grief, loss of companionship, pain
and suffering and emotional distress.

4. Defendant Politica’s and Defendant Tyrant Arms, LLC’s negligence, negligence

per se, and negligent entrustment caused the wrongful death of Isabella Thallas.

5. As a direct and proximate result of Defendants’ negligence, Isabella Thallas

suffered fatal injuries and died on June 10, 2020.

6. As a direct and proximate result of defendant’s negligence, negligence per se,

negligent entrustment and other wrongful conduct, Plaintiff Thallas has sustained economic
damages, including but not limited to, loss of the relationship between a parent and child, loss of
services, loss of wages, loss of investments, support and maintenance, as well as non-economic
damages as set forth below.

FIFTH CLAIM FOR RELIEF

(Negligence and Negligence per se -- Defendants Politica and Tyrant Arms, LLC)

7. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

8. Defendant Politica and or Defendant Tyrant Arms, LLC have a common law duty
to exercise proper care in the purchase, storage, sharing, selling, maintenance, supervision of
weapons and ammunition that are purchased, including a weapon such as an AK-47 and the
ammunition used to fire at Isabella Thallas and Darian Simon.

5
 9. Defendant Politica and/or Defendant Tyrant Arms, LLC breached these common
law duties by allowing Defendant Close to gain possession of the Weapon and ammunition and to
use the weapon to kill or injure others.

10. Defendant Politica and or Defendant Tyrant Arms, LLC have statutory duties to
comply with Colorado statutes.

11. Defendants breached the statutory duties by violating the following statutes:

• C.R.S. § 18-12-114 by failing to responsibly and securely store the Weapon to

prevent access by unauthorized users;
• C.R.S. § 18-12-405 by failing to use a locking device on the Weapon;
• C.R.S. § 18-12-302 transferring a large capacity magazine to individuals not
permitted to possess large capacity ammunition magazines;
• C.R.S. § 18-12-112 transferring a firearm to Defendant Close without performing
a background check.
• Denver Code Chapter 38, Article IV, Division 2, Section 38-130 (e): Denver
Assault Weapon Ban

12. Plaintiffs are part of the class of persons whom the above statutes are meant to
protect.

13. As a direct and proximate result of Defendants’ negligence and negligence per se,
Plaintiffs suffered injuries, damages, and losses, including but not limited to economic, non-
economic, and impairment damages such as permanent physical impairment, emotional distress,
loss of enjoyment of life, and great mental and physical pain and suffering.

SIXTH CLAIM FOR RELIEF

(Joint and Several Liability C.R.S. § 13-21-111.5(4) –Defendants Close, Politica)

14. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

15. Defendants Close and Politica consciously conspired and deliberately pursued a
common plan or design which resulted in wrongful conduct causing injuries and damages.

16. The common plan or design was to allow Defendant Close to possess the Weapon
despite their knowledge regarding his past behaviors, activities, and personal characteristics.

17. As a direct and proximate result of Defendants’ negligence, Plaintiffs suffered

injuries, damages, and losses, including but not limited to physical impairment, physical injury
emotional distress, loss of enjoyment of life, and great mental and physical pain and suffering.

SEVENTH CLAIM FOR RELIEF

6
 (Conspiracy Common Venture – Defendants Close, Politica)

18. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

19. The Defendants agreed by words and conduct to accomplish a goal by unlawful
means.

20. The Defendants performed unlawful acts to accomplish a goal.

21. The conspiratorial acts of Defendants caused Plaintiffs to suffer injuries and
damages.

22. As a direct and proximate result of Defendants’ conspiracy, Plaintiffs suffered

injuries, damages, and losses, including but not limited to physical impairment, physical injury
emotional distress, loss of enjoyment of life, and great mental and physical pain and suffering.

EIGHTH CLAIM FOR RELIEF

(Negligent Entrustment –Defendant Politica)

23. Plaintiffs incorporate by reference herein the allegations contained in previous

paragraphs.

24. Defendant Politica owed a common law duty of reasonable care in entrusting the
use of his Weapon and ammunition to other persons.

25. Defendant Politica breached his duty by negligently entrusting the use of his
Weapon and ammunition to Michael Close knowing he was a person with a history of
irresponsible, reckless, and negligent behavior.

26. Defendant Politica knew or had reason to know that Defendant Close’s use of the
Weapon and ammunition would create an unreasonable risk of harm to others, including Plaintiffs.

27. By breaching this common law duty, Defendant Politica’s negligent entrustment
was the direct, foreseeable and proximate cause of the economic, non-economic, and impairment,
injuries, damages, and losses suffered by Plaintiffs.

28. As a direct and proximate result of Defendants’ negligence, Plaintiffs suffered

injuries, damages, and losses, including but not limited to physical impairment, physical injury
emotional distress, loss of enjoyment of life, and great mental and physical pain and suffering.

WHEREFORE, Plaintiffs, respectfully request that this Court enter judgment in their favor
and against the Defendants in an amount which will fairly and reasonably compensate the plaintiffs
for their injuries, damages and losses, including but not limited to economic, non-economic and

7
impairment damages, plus interest from the date of the incident, costs, expert witness fees,
attorneys’ fees, and such other and further relief as the Court may deem appropriate.

DATED this 8th day of June, 2021.

MANN & MAXIMON, LLC

By: /s/Joshua Maximon

Joshua Maximon, # 33870
Attorney for Plaintiff Thallas

SPRINGER & STEINBERG, PC

By: /s/Craig Silverman
Craig Silverman, #11224
Attorney for Plaintiff Simon

PLAINTIFFS HEREBY REQUEST TRIAL TO A JURY OF SIX (6)

ON ALL ISSUES SO TRIABLE

Addresses of Plaintiffs:

Joshua Thallas
1565 S Wolff Street
Denver, Colorado 80219

Darian Simon
6675 South Robertsdale Way
Aurora, CO 80016