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Home My WebLink About2019-cv-901 - Surat v. City of Fort Collins, et al. - 118A - Exhibit A* C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE Incident Report - DA Copy FORT COLLINS POLICE SERVICES Supplement No ORIG17-5701 ASSAULT (3RD DEGREE & ELDERLY/HANDICAPPED) 2221 S Timberline Road Fort Collins, CO 80525 970-221-6540 970-221-6284 04/06/2017 reported date officer KLAMSER,RANDALL Administrative Information Agency AssignmentEntered byAssignment 2nd OfficerOfficer To TimeTo DateFrom DateAreaDArea Rep DistZip codeCityLocation Reported TimeReported DateSupplement NoCase no17-5701 ORIG RMS Transfer Property? Traffic Accident? 170960658 REPORT TO FOLLOW ASSAULT (3RD DEGREE & ELDERLY/HANDICAPPED) 11 OLD TOWN SQ FORT COLLINS 80524 J51233 FC P1 04/06/2017 FC276 04/06/2017 FCPS DISTRICT ONE Assignment 23:14 FC276/KLAMSER,RANDALL 23:13 FORT COLLINS POLICE SERVICES 04/19/2017 10:04:00 Approval TimeApproval Date Successful Incident No Dispo Nature of Call From Time FCC194 Approving Officer SuccessfulProp Trans Stat 1 18-03-0204 3 DEG ASSAULT C 1313 A 88 13 N 40 13B 1 use NoIBRSWeapon/ForceActMOE#PrLocBias ncic_offenseAcComplaint TypeDescriptionOffense# Offenses VIC VIC 1 KLAMSER,RANDALL W M 01/28/1983Link Involvement Invl No Name Race Sex DOB Person Summary ARR 1 I SURAT,MICHAELLA LYNN 1822326 W Sex DOBNameTypeInvl_NoInvl Mini Race F VIC 1 L KLAMSER,RANDALL 1571712 W SexNameTypeInvl_NoInvl Mini Race M WIT 1 I FINDLAY,MICHAEL 1824553 W SexNameTypeInvl_NoInvl Mini Race M WIT 2 I ESSLINGER,CORY 1062279 W SexNameTypeInvl_NoInvl Mini Race M Summary Narrative R KLAMSER District One officers were dispatched to a disturbance at 11 Old Town Sq, Bondi Beach Bar. One half of the disturbance was detained and cooperative. A female suspect tried to take the detained male away from officers. She then assualted the officer by attempting to choke and slap him multiple times. Due to her lack of cooperation, the female had to be taken to the ground during her arrest. She was treated on scene by paramedics and then transported to Poudre Valley Hospital (PVH) for evaluation prior to being booked in jail. The female was identified as Michaella SURAT. CASE STATUS: Charges Filed. report officer printed at04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 1 of 6 C0352017M 000965 5752486 16 - 2 SURAT 000016 REDACTED Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 1 of 6 * C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE 17-5701 Supplement No ORIGIncident Report - DA Copy FORT COLLINS POLICE SERVICES *ARRESTEE 1: SURAT,MICHAELLA LYNN *ARRESTEE SURAT,MICHAELLA LYNNInvolvementInvl No NameTypeINDIVIDUAL 1822326WHITEFEMALE 22 NOT HISPANIC OR LATINO RED OR AUBURN BLUE5'09'' Race Sex Age Ethnicity Juvenile? Height Weight Hair Color Eye Color 1 Skin No 115#OFN_INVL Vic/Ofnd Age 2 22 MNI PRN1901570 Veh# Position Injury Severity Primary Violation Citation No Common Code(s) DUIViolation Code Means of AttackSIMPLE MINOR INJURYExtent of Injury Dom ViolenceNo NON-RESIDENTRes Status Rms Transfer Empty field zip code StateCityType 80015 REGISTERE Date04/06/2017 zip code StateCityAddressType 80521 HOME Date04/07/2017 OPERATOR LICENSE OR ID NUMBER COLORADOTypeID No St CELLPhone Type Date04/07/2017 CSU STUDENTEmployer/School Position/Grade Employed From Date Location City State Phone NoPhone TypeContactZIP Codevictim in Employed to Date ARRESTED ON-VIEW ARREST (NIBRS)04/06/2017 23:23:00 01:52 BOOKED 11 OLD TOWN SQ J51233 363645 Involvement Arrest Type Arrest Date Arrest Time Book Time Status Arrest Location Citation NoRep Dist 04/07/2017 FORT COLLINS Arrest No Book Date City 17-06731 Juv Dispo COLORADO CENTENNIAL Place of Birth City of Birth Armed UNARMED Multi-Clear COUNT ARRESTEE Area P1 BAC Time2Time BAC2 Charge LiteralLevelNCIC OffenseCharge18-03-0204 1313 M1 3 DEG ASSAULT 13BIBRS TimeOther Arrest No CO0350300CO0352017M 00956Warrant No Warrant ORI Charge LiteralLevelNCIC OffenseCharge18-08-0104 4899 M2 OBSTRUCT PEACE OFFIC 90ZIBRS TimeOther Arrest No CO0350300CO0352017M 00956Warrant No Warrant ORI *VICTIM (VICTIM OF CRIME ONLY!) 1: KLAMSER,RANDALL *VICTIM (VICTIM OF CRIME ONLY!)KLAMSER,RANDALLInvolvementInvl No NameTypeLAW ENFORCEMENT OFFICER 1571712WHITEMALE 34 NOT HISPANIC OR LATINO BROWN BROWN6'00'' Race Sex Age Ethnicity Juvenile? Height Weight Hair Color Eye Color 1 Skin No 203#OFN_INVL Vic/Ofnd Age 34 MNI PRN1901571 Veh# Position Injury Severity Primary Violation Citation No Common Code(s) DUIViolation Code Means of AttackSIMPLE MINOR INJURYExtent of Injury Dom ViolenceNo UNKNOWNRes Status Rms Transfer Empty field zip code StateCityTypeFORT COLLINS COLORADO 80525 WORK/BU Date04/06/2017 IBRS Info Victim Invl No Offenses Committed Against this Victim Asslt/Homicide Injury Type 1 13B APPARENT MINOR INJURY Rel SexRaceNameInvl_NoInvolvementOKARR1 SURAT,MICHAELLA LYNN W F Report Officer Printed At04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 2 of 6 C0352017M 000965 5752486 17 - 2 SURAT 000017 REDACT ED REDA CTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACT ED REDACTED REDACTED Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 2 of 6 * C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE 17-5701 Supplement No ORIGIncident Report - DA Copy FORT COLLINS POLICE SERVICES *VICTIM (VICTIM OF CRIME ONLY!) 1: KLAMSER,RANDALL WITNESS (SUBJECT TYPE) 1: FINDLAY,MICHAEL WITNESS (SUBJECT TYPE)FINDLAY,MICHAELInvolvementInvl No NameTypeINDIVIDUAL 1824553WHITEMALE 30 NOT HISPANIC OR LATINO BROWN BROWN5'08'' Race Sex Age Ethnicity Juvenile? Height Weight Hair Color Eye Color 1 Skin No 178#OFN_INVL Vic/Ofnd Age MNI PRN1901572 Veh# Position Injury Severity Primary Violation Citation No Common Code(s) DUIViolation Code Means of Attack Extent of Injury Dom Violence RESIDENTRes Status Rms Transfer Empty field zip code Type 80524 HOME Date04/06/2017 OPERATOR LICENSE OR ID NUMBER COLORADOTypeSt CELL (719)440-9937Phone Type Phone No Date04/06/2017 WITNESS (SUBJECT TYPE) 2: ESSLINGER,CORY WITNESS (SUBJECT TYPE)ESSLINGER,CORYInvolvementInvl No NameTypeINDIVIDUAL 1062279WHITEMALE 29 BLOND OR STRAWBERRY BLUE5'09'' Race Sex Age Ethnicity Juvenile? Height Weight Hair Color Eye Color 2 Skin No 170#OFN_INVL Vic/Ofnd Age MNI PRN1901573 Veh# Position Injury Severity Primary Violation Citation No Common Code(s) DUIViolation Code Means of Attack Extent of Injury Dom Violence UNKNOWNRes Status Rms Transfer Empty field zip code StateCityAddressType 80524 WORK/BU Date04/06/2017 OPERATOR LICENSE OR ID NUMBER COLORADOTypeSt CELL (970)818-1502Phone Type Phone No Date04/06/2017 Report Officer Printed At04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 3 of 6 C0352017M 000965 5752486 18 - 2 SURAT 000018 REDACTED REDACT ED REDACT ED REDACTED REDACTED REDACTED Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 3 of 6 * C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE Incident Report - DA Copy FORT COLLINS POLICE SERVICES Supplement No ORIG17-5701 Narrative R. KLAMSER On 04-06-17, at approximately 2312 hours, I was on uniformed patrol. I was assigned to the District One policing team, and was working double with District One Officer G. Pastor. We were dispatched via police radio to the Bondi Beach Bar at 11 Old Town Sq, for a report of a "heated disturbance" inside of the bar. While walking to the bar, FCPS Dispatch advised us over the radio that one half of the disturbance was outside of the bar and the other half was inside. Upon arrival to the bar, uniformed bar staff pointed out the male who was waiting outside of the bar. Assisting Officer Pastor contacted and spoke to the male, who was later identified as Mitchell WALTZ. Please see his report for further details. I contacted and spoke with witness Cory ESSLINGER. ESSLINGER is a uniformed bouncer at the bar and was working security when this disturbance took place. ESSLINGER started to tell me what happened but we were interrupted by a female, later identified as SURAT. Prior to contacting SURAT, I had seen her standing just inside of the bar's fenced in patio. I noticed her because she was yelling at the male Officer Pastor was talking to. I tried to continue talking to ESSLINGER but we were interrupted by SURAT. SURAT walked out of the bar, physically bumping into ESSLINGER, causing his upper body to bump into me. SURAT then bumped into me in the same manner, causing me to take a step backwards. I looked towards SURAT and said, "Excuse me," to which she sarcastically yelled back something like, "Yeah, excuse you!" I continued watching SURAT as she walked towards Officer Pastor. SURAT grabbed the arm of WALTZ and tried to pull him away from Officer Pastor. I yelled to Officer Pastor that he was not free to leave. ESSLINGER had already given me enough information implicating the male as being involved in a disturbance with another patron of the bar and a bouncer who tried to confront it. I left ESSLINGER and went to help Officer Pastor. SURAT tried to walk away with WALTZ. Officer Pastor was able grab WALTZ by the arm and pull him back. SURAT continued walking away until she realized WALTZ wasn't with her. I saw WALTZ walk back with Officer Pastor. WALTZ was cooperative and walked several feet away with Officer Pastor. SURAT seemed very upset by this and immediately started walking back towards Officer Pastor and WALTZ. I told SURAT WALTZ was not free to leave but that she could. SURAT looked very upset and determined to ignore me and continue towards Officer Pastor. I put my left hand up and tried to block SURAT. I didn't strike SURAT; I was attempting to keep her from obstructing Officer Pastor's interview. SURAT tried to walk through me, saying, "You don't need to fucking touch me." SURAT responded to me by using her left hand to reach up and grab my throat. I was completely taken aback by this. SURAT squeezed my throat to the point I could feel her nails against my skin. I grabbed her hand and pulled it off of me. SURAT then used an open hand to slap me in the chest multiple times, approximately two to three times. At that point, I told SURAT she was under arrest. I attempted to grab SURAT's left hand and place her in a control hold. Simultaneously, I told SURAT to place her other hand on her head. As I was placing SURAT in the rear wrist control hold, she was trying to spin around and break free. I told SURAT multiple more times she was under arrest and she responded by saying, "No." I placed her left arm in the rear wrist control hold but SURAT would not comply with my commands to put her other arm on her head. SURAT repeatedly tried to spin around and grab my hand. SURAT was trying to pry my fingers off of her wrist. SURAT wrapped one of her legs and her free arm around a light pole. I repeatedly asked her to please not do what she was doing. I specifically asked SURAT to comply because I did not want to take her to the ground. SURAT responded by yelling at me, "Fuck you!" SURAT tried to pry my fingers off of her arm again. I was expecting SURAT to try hitting me again based on her level of resistance and anger. At that point, I utilized a rowing arm take down to take SURAT down to the ground and place her under arrest. After SURAT was taken down, she immediately started trying to twist and spin to break free from Officer Pastor and me. SURAT continued yelling and cursing at me. WALTZ began yelling at me and rushing towards me. I used my open left hand to push WALTZ away. report officer printed at04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 4 of 6 C0352017M 000965 5752486 19 - 2 SURAT 000019 Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 4 of 6 * C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE Incident Report - DA Copy FORT COLLINS POLICE SERVICES Supplement No ORIG17-5701 Narrative Bouncers from Bondi started helping us by keeping the crowd back. Officer Pastor and I were able to get both of SURAT's wrists handcuffed. Once SURAT was in custody, I noticed her skirt had moved up, exposing her buttocks and underwear. In attempt to help SURAT, I pulled down her skirt. I grabbed the skirt in the area of the outside of her left thigh. I walked SURAT away from the front of the bar. SURAT was still yelling and screaming. She was yelling at other people walking around to help her. As we got to the corner of Linden and Walnut St, SURAT intentionally went limp and stopped supporting her body weight. I was holding onto SURAT by her left bicep/tricep area. I asked SURAT to please get up multiple times. She said, "No," while yelling at me and cursing at me. She told me, "No, fuck you." I told SURAT she was under arrest and she said, "I'm not under arrest." SURAT eventually stood up on her own after calling me a "pussy." By then, assisting Officer Mast had arrived in her patrol car. I turned SURAT over to Officer Mast. Sgt Moore also arrived at that time. I told Sgt Moore about my use of force and she contacted SURAT. Please refer to Officer Mast and Sergeant Moore's reports for further details. SURAT was complaining of pain but had no signs of visible injury. I asked SURAT if she needed medical attention and she said, "Fuck you!" Medical personnel responded to the scene and evaluated SURAT. Officer Mast transported SURAT to PVH (Poudre Valley Hospital) for further evaluation. After walking away from Officer Mast's car, I was approached by witness Michael FINDLAY. FINDLAY told me he witnessed the entire incident and wanted to provide a statement. FINDLAY told me I had been "in the right." FINDLAY said he saw SURAT try to hit me three times before I "took her down." FINDLAY said I was being very reasonable with SURAT even though she was being so verbally abusive. FINDLAY said it looked to him like SURAT was about to hit me a fourth time when I took her to the ground. I thanked FINDLAY for his time and he left. It should be noted that I re-contacted FINDLAY on 04-08-17. I spoke to FINDLAY on the phone. I emailed FINDLAY a blank witness statement form. FINDLAY said he would complete the statement and return it after he was done. That statement will added upon its completion and return. After talking to FINDLAY, I went and re-contacted ESSLINGER. I asked ESSLINGER what happened and he provided the following information. ESSLINGER was working uniformed security inside of the bar. He watched a coworker of his breaking up a disturbance in the bar. WALTZ was eventually identified as one of the males in the disturbance. ESSLINGER told me WALTZ was walking through the bar, bumping into numerous people and causing disturbances. WALTZ was kicked out of the back of the bar. ESSLINGER said WALTZ walked around to the front of the bar while ESSLINGER was on the phone with FCPS Dispatch reporting the disturbance. ESSLINGER saw WALTZ waiting for officers out front and waited as well. ESSLINGER saw me walk up and he started talking with me at the patio entrance to the bar. SURAT was still on the patio and started trying to talk to WALTZ. ESSLINGER said SURAT walked out of the patio area on her own. As she walked by us, SURAT "shoulder checked" ESSLINGER and then he saw her shoulder check me. ESSLINGER watched SURAT walk towards WALTZ and try to pull him away from Officer Pastor. ESSLINGER heard me tell SURAT that WALTZ was not free to leave. ESSLINGER watched as SURAT kept inserting herself into officers' contact with WALTZ. ESSLINGER heard me tell SURAT to "get back," but she wasn't complying. ESSLINGER watched SURAT "paw at or claw at" me multiple times. ESSLINGER told me he heard me tell SURAT she was under arrest. He watched her resist me trying to place her into handcuffs for what he thought was approximately 30 seconds before I had to use force to take her to the ground. ESSLINGER then watched me take SURAT away from the area. I asked ESSLINGER to e-mail me the surveillance video from the front of the bar, which he did several hours later. I booked the video accordingly. The video shows SURAT pushing by ESSLINGER and me but does not show the use of force. WALTZ was released from the scene without charges. The other half from the original disturbance was never identified and was able to leave prior to officers arriving. I drove to PVH and turned over to Officer Mast all of SURAT's booking paperwork. While at PVH, I asked report officer printed at04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 5 of 6 C0352017M 000965 5752486 20 - 2 SURAT 000020 Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 5 of 6 * C0352017M 000965 (7/21/2017) SURAT (4D)ReynaE Incident Report - DA Copy FORT COLLINS POLICE SERVICES Supplement No ORIG17-5701 Narrative SURAT if she knew of any visible injuries sustained in this incident. SURAT believed her knee was bruised. Officer Mast took pictures of SURAT and eventually booked them accordingly. I notified Derek Getto of the Downtown Development Authority and requested a copy of the DDA surveillance video of the area. Getto provided me a copy of the video. Assisting Officer T. Hopkins picked up the CD and placed it on my desk on 04-07-17. I viewed the video during my next shift. The video is obstructed by several decorative lights but some of the incident is captured. I booked the video accordingly. I was wearing my department issued POV camera during this incident. I digitally booked the videos into Evidence. For exact quotes and order of events, please refer to the video. The above narrative was taken from my point of view and recollection. That completed my involvement in this case. No further action is necessary. report officer printed at04/19/2017FC276/KLAMSER,RANDALL 10:46AM Page 6 of 6 C0352017M 000965 5752486 21 - 2 SURAT 000021 Case 1:19-cv-00901-WJM-NRN Document 118-1 Filed 10/13/20 USDC Colorado Page 6 of 6