Facebook posts made by Trujillo show he was opposed, or at least hesitant, to getting vaccinated. He added a temporary profile picture that said, “I don’t care if you’ve had your vaccine,” on April 23.
He posted on April 26: “I’ll get it later on after y’all start growing apendages [sic] out of y’all’s foreheads.”
Another temporary profile picture updated on May 7 says, “I have an immune system.”
And on May 17, just 10 days ago, Trujillo updated his cover photo on Facebook to be a photo of Herrera. He wrote in the comments, “[H]e was my brother and coworker and he passed away Sunday.”
At the time of Herrera’s death, the Denver Sheriff Department Lodge 27 of the Fraternal Order of Police said every member of its executive board except one had been infected with COVID and that some “are still suffering serious effects and complications,” but the Herrera was the first to die from COVID.
"We don't ever really complain unless there is something to complain about, and right now we're complaining because you know what? We have two officers who died of COVID and they both work in intake," Britton said,
Herrera's son, Andrew Herrera, told Denver7 that his father treated everyone equally and fairly at the department.
"He made sure that the people who were visiting, or that were in there, he made sure they felt like a person as well," he said.
Both Andrew, and his brother Stephen said the department needs to do more to protect staff.
"The department is understaffed," Stephen said. "They're working these huge amounts of hours in a day, like 12-hour shifts, 16-hour shifts... and you're keeping them in an environment like that for a long period of time. It makes it very difficult to stay safe around COVID."
On Thursday afternoon, the brother said their father's death still hasn't been declared a "Line of Duty" death. The sheriff made this declaration late Thursday evening.
"He was in the line of duty when he contracted it. Same with the officer that fell yesterday. They were forced to work through it and didn't really have an option to not do it," Andrew said in the afternoon.
Former State Rep. Debbie Stafford wants to make sure the designation happens.
"It's so important for us to remember that first responders, law enforcement, all of those on the front line are impacted every day on the job by a invisible enemy," she said. "We train law enforcement to be prepared for an enemy that they see, but when an invisible enemy has the power to come in and take out a member of our law enforcement, or a first responder, we must give them every bit of equipment, honor and respect to make sure that we prevent this in the future."
Stafford said she's encouraging state lawmakers to support a "late-request" by Rep. Naquetta Ricks, for a proposed "COVID-19 Presumptive Pandemic Care Act," which would say, "if you contract COVID while you're in the line of your work, it will be presumed that's where it came from."
Line of Duty designation provides extra death benefits.
Serna said, "the primary decision about whether any injury or death is determined to be line of duty is made by Risk Management. Risk makes an independent determination whether an incident results in a compensable workers’ compensation claim under the Colorado Workers’ Compensation Act."
"There are other benefits that a deputy may be entitled to under the Collective Bargaining Agreement (CBA) if a death is deemed to be a line of duty death. Because these benefits are not subject to the same rules regarding how that determination is made as those under the Workers Compensation Act, the sheriff can make the determination of the related to those benefits, specifically funeral costs and one year of medical and dental insurance to the surviving spouse and children. Services and honors bestowed upon the deputy is also determine by the sheriff (casket watch, honor guard, deployment etc.)," she said.
"Other determinations, such as whether the death is deemed an 'accidental death or dismemberment' qualifying for double indemnification under the life insurance provided to deputies, would be made by the insurance provider," she added.
