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HomeMy WebLinkAbout2017CV884 - Chayce Anderson V. Fcps Officer Jason Shutters - 133A - Exhibit 1EXHIBIT 1 Case 1:17-cv-00884-CMA-STV Document 133-1 Filed 07/26/19 USDC Colorado Page 1 of 4 15-13817 Supplement No 0004 FORT COLLINS POLICE SERVICES 2221 S TIMBERLINE RD Reported Date 08/31/2015 FORT COLLINS, CO 80525 Rpt/Incident Typ SEXASSLTFR Officer# COCHRAN,KIM Phone 970-221-6540 Fax 970-221-6284 Administrative Information Agency FORT COLLINS POLICE SERVICES Report No 15-13817 Supplement No 0004 Reported Date 08/31/2015 Reported Time 10:16 CAD Call No Dispo REPORT TO FOLLOW Rpt/Incident Typ SEXUAL ASSAULT (FORCIBLE RAPE) Location City ZIP Code Rep Dist J51510 DArea FC Area P3 From Date 08/28/2015 From Time 02:00 To Date 08/28/2015 To Time 03:39 Officer# FC74/COCHRAN,KIM Assignment FCPS FORENSIC SERVICES UNIT Entered By FC74 Assignment FCPS FORENSIC SERVICES UNIT RMS Transfer Supplement Transfer Complete Prop Trans Stat Successful Approving Officer FCC7 Approval Date 15-13817 Supplement No 0004 FORT COLLINS POLICE SERVICES Narrative ANDERSON's truck. I made contact initially with a male who identified himself to me only as I was dressed in plain clothes but I was wearing a black Police ID jacket and I verbally identified myself as Fort Collins Police. I asked if he was the owner of the truck and he said, "No." I asked him who the owner was and he said, "I think he is." indicated he was talking about the other male who had gone to the passenger side and was opening the passenger side door. I went around to the passenger side and made contact with a male who identified himself to me as Chayce ANDERSON, the owner of the truck. As I was talking to ANDERSON a Colorado State University (CSU) Police Officer arrived. The Officer spoke briefly with ANDERSON's friend, and asked him to step off to the side. I asked ANDERSON what had happened with his truck and he said someone had hit it. He said the damage had already been reported and he showed me a business card and notification card from FCPS Officer Dane Stratton. ANDERSON said Officer Stratton had called him the previous night and had left him a voicemail message to tell him about the accident. ANDERSON offered to let me hear the message on his cell phone and handed me his cell phone. I listened to a message left by Officer Stratton advising ANDERSON of the fact that his truck had been hit. The message was left at 0207 hours. As I was waiting for Detectives Shutters to arrive I told the CSU Officer out of ANDERSON's earshot that there was an arrest warrant for ANDERSON but I wanted Detective Shutters to be able to get to our location and try to talk to ANDERSON. I told the Officer I wanted to keep the contact very low key and consensual. I asked the CSU Officer to just hang back and keep an eye on ANDERSON's friend to make sure he did not interject himself into the contact while I continued to speak with ANDERSON. I asked ANDERSON if he knew more specifically what happened with his truck and he said a car that was still parked down the street had hit it. He showed me pictures of the other car he had taken with his cell phone. I asked ANDERSON why his truck was parked where it was and he said he is a business major at CSU he has been staying in the area. He told me he had returned to the truck to get some of his clothes because he had a marketing event at one of the bars. He went on to say that he is involved with a business called Confessions and the prior night he had missed the call from Officer Stratton because starting at about 10 p.m. he had been at the Rec Room where he was participating in another marketing event for Confessions. I noticed he was wearing a rubber braclet on his wrist that said "Confessions." As ANDERSON was telling me about his involvement with the business Confessions, Officer Edmonds arrived. At that time I asked the CSU Officer to clear the scene so we would not have two uniform officers on scene when Detectives Shutters and Tracy arrived. The CSU Officer left. As ANDERSON continued talking about the Confessions business with Officer Edmonds I spoke briefly with Detective Tracy who had just arrived with Detective Shutters. I told her ANDERSON had not been advised of the warrant for his arrest. At about that time Detective Shutters walked up to where Officer Edmonds was standing with ANDERSON. I could see that Officer Edmonds had ANDERSON's cell phone in his hand. As Detective Shutter was introducing himself to ANDERSON I asked Officer Edmonds to come with me. He said he needed to return ANDERSON's cell phone to him and I told him to hang on to it because we would be seizing it. Officer Edmonds stepped back to where his car was parked to the north of ANDERSON's truck. From our location I could see Detective's Shutters and Tracy but I could not hear what was being said. After a brief period of time (2-3 minutes) passed I saw Detective Shutters placing ANDERSON in handcuffs using the low profile cuffing technique. Once ANDERSON was handcuffed Detective Shutters locked up ANDERSON's truck. I was present as Detective Shutters and Tracy escorted ANDERSON to Officer Edmonds' vehicle for transportation to the police station. ANDERSON got into Officer Edmond's vehicle on his own and did not say anything about his handcuffs being too tight. After ANDERDSON was in Officer Edmonds' vehicle I walked across the street to where was standing. I told him ANDERSON had a warrant for his arrest. I told him ANDERSON would be going to the Larimer County Jail and he could contact them for details about his bond, etc. I asked if he would share his last name with me and he said he didn't want to be involved. I told him that was fine and he left. As he was driving away in the white BMW I noted the the license plate . I later ran the license plate through Dispatch and I was told the registered owner was . After leaving the scene I went directly to the police station. At the station Detective Shutters told me ANDERSON's cell phone was an iPhone with a passcode so if the phone went to sleep before the information on Report Officer FC74/COCHRAN,KIM Printed At 08/09/2017 11:27 Page 2 of 3 SEXUAL ASSAULT/CITY ATTORNEY SHUTTERS 012 15-13817 Supplement No 0004 FORT COLLINS POLICE SERVICES Narrative it was secured the phone would be locked and the data on the phone could not be retrieved without the passcode from the owner. Detective Shutters said he was going to download the data from the phone due to the exigency and would seek a search warrant for the phone before reviewing the data. While Detective Shutters was downloading the data from ANDERSON's cell phone I went to the third floor where Detective Tracy and Officer Edmonds were with ANDERSON. When I met with Detective Tracy she told me ANDERSON was complaining of wrist pain. She said ANDERSON was reporting that he sustained nerve damage to his wrists due to Detective Shutters' application of the handcuffs. She said she had taken pictures of ANDERSON's wrists and he was demanding to be seen immediately by a doctor. I asked Detective Tracy to have an ambulance respond to evaluate ANDERSON. When the fire and ambulance personnel arrived I went to the parking lot and escorted them to the interview room. ANDERSON was still complaining of pain but said he did not have money for medical care and he did not want to sign the refusal for transport to the hospital. Given his complaint that his injury was caused by Detective Shutters I was not willing to sign the refusal for transport for him and asked the medical personnel to take him to the hospital. I asked Officer Edmonds to ride in the ambulance with ANDERSON and made sure that Officer Edmonds knew that ANDERSON was in police custody and we would be collecting non-testimonial evidence at the hospital. I called Detective Hisam and asked him to respond to Poudre Valley Hospital to collect non-testimonial evidence from ANDERSON. I went to the hospital where ANDERSON and Officer Edmonds were waiting in a treatment room. I briefed Detective Hisam on the information I had. I asked him to collect the non-testimonal evidence from ANDERSON. Detective Hisam was shown a copy of the 41.1 Non-testimonial Evidence Order. I asked Officer Edmonds and a male Emergency Room Technician to stay in the room with Detective Hisam as witnesses to his evidence collection from ANDERSON's person. During the time the evidence was being collected, Detectives Shutters and Tracy and I remained outside the room. At the conclusion of the evidence collection I spoke with ANERSON's Registered Nurse (RN). The RN told me ANDERSON had been examined by a Physician's Assistant (PA) and had been medically cleared and his discharge paperwork had been provide for the jail. Detectives Shutters, Tracy and Hisam left and I stayed while Officer Edmonds placed ANDERSON in handcuffs. I saw Officer Edmonds put the handcuffs on ANDERSON and heard him ask him if they were too tight. ANDERSON said they were fine and more reasonable than earlier. Officer Edmonds escorted ANDERSON to his car. I was present when Officer Edmonds had ANDERSON sit in his car and put a seatbelt on him. I then followed Officer Edmonds and ANDERSON to the jail. Once they were inside the Sallyport I cleared the scene. Nothing further. Report Officer FC74/COCHRAN,KIM Printed At 08/09/2017 11:27 Page 3 of 3 SEXUAL ASSAULT/CITY ATTORNEY SHUTTERS 013 Case 1:17-cv-00884-CMA-STV Document 133-1 Filed 07/26/19 USDC Colorado Page 4 of 4 REDACTED REDACTED REDA CTED REDACTE D REDAC TED REDAC TED REDA CTED REDA CTED REDA CTED REDA CTED Case 1:17-cv-00884-CMA-STV Document 133-1 Filed 07/26/19 USDC Colorado Page 3 of 4 09/02/2015 Approval Time 09:50:08 WITNESS (SUBJECT TYPE) 1: LENSKOLD,MICHAEL JOHN Involvement WITNESS (SUBJECT TYPE) Invl No 1 Type INDIVIDUAL Name MNI Race WHITE Sex MALE DOB Age Ethnicity NOT HISPANIC OR LATINO Juvenile? No Height 5'10" Weight 140# Hair Color BROWN Eye Color HAZEL Res Status RESIDENT RMS Transfer Successful PRN Type HOME Address City FORT COLLINS State COLORADO ZIP Code 80525 Date 08/31/2015 Type OPERATOR LICENSE OR ID NUMBER ID No OLS COLORADO Narrative Cochran FC74 / kc On 082815 at about 2030 hours I met with Detectives Shutters and Tracy at the Fort Collins Police Services (FCPS) building. I reviewed the Affidavit for Arrest Warrant, Arrest Warrant, and 41.1 Non-Testimonial Evidence Order for Chayce ANDERSON (date of birth: ). Detective Tracy told me that sometime during the late night hours of 082715 or early morning of 082815, ANDERSON's truck was hit by another vehicle while it was parked in front of 625 S. Whitcomb. Detective Tracy told me she had been by the location earlier in the day and ANDERSON's truck was still there. While Detectives Shutters and Tracy went to have the arrest and 41.1 documents reviewed by a judge I went to the 600 block of S. Whitcomb to check on ANDERSON's truck. When I arrived in the 600 block of S. Whitcomb at about 2130 hours I observed that the truck described to me as being ANDERSON's was still parked facing west in front of 625 S. Whitcomb. The truck did not appear to have been moved since the accident and there was another car up against the truck on the driver's side. I looked inside the truck and could see that there was a lot of property inside but it did not appear to be occupied. I parked on the east side of Whitcomb just south of the truck's location and waited. I was advised that the warrant for ANDERSON had been signed. I continued to wait while Detectives Shutters and Tracy went to check the addresses they had for ANDERSON's mother and father. At about 2220 hours a white BMW with Colorado license plate pulled up and parked on the east side of Whitcomb directly east of where ANDERSON's truck was parked. The two males from the BMW went over to Report Officer FC74/COCHRAN,KIM Printed At 08/09/2017 11:27 Page 1 of 3 SEXUAL ASSAULT/CITY ATTORNEY SHUTTERS 011 REDACTED REDACTED REDACTED REDAC TED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTE D REDACTED REDACTED RE DA CTE D Case 1:17-cv-00884-CMA-STV Document 133-1 Filed 07/26/19 USDC Colorado Page 2 of 4