Loading...
HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 002I - EXHIBIT I TO COMPLAINT15-3366 Supplement No ORIG LARIMER COUNTY SHERIFFS OFFICE 2501 MIDPOINT DR Reported Date 05/02/2015 FORT COLLINS, CO 80525 Rpt/Incident Typ DISORDERLY Officer# RUTLEDGE,CODY Phone 970-498-5100 Fax 970-498-9203 Administrative Information Agency LARIMER COUNTY SHERIFFS OFFICE Report No 15-3366 Supplement No ORIG Reported Date 05/02/2015 Reported Time 17: 08 CAD Call No 151220451 Dispo REPORT TO FOLLOW Rpt/Incident Typ DISORDERLY CONDUCT/FLAG OFFENSES Location 3400 W VINE DR City LC FORT ZIP Code 80521 Rep Dist J50540 DArea LC Area A2 From Date 05/02/2015 From Time 17: 08 Officer# L13015/RUTLEDGE, CODY Assignment LCSO PATROL - BLUE SWINGS 2nd Officer COLEMAN,JEREMY 2nd Assignment LCSO PATROL - BLUE SWINGS Entered By L13015 Assignment LCSO PATROL - BLUE SWINGS 15-3366 Supplement No ORIG LARIMER COUNTY SHERIFFS OFFICE SUBJECT (NOT INTERCHANGEABLE WITH SUSPECT) 1: GRESS,MIKE Involvement SUBJECT ( NOT INTERCHANGEABLE WITH SUSPECT) Invl No 1 Type INDIVIDUAL Name GRESS,MIKE MNI 1696658 Race WHITE Sex MALE Ethnicity NOT HISPANIC OR LATINO Res Status UNKNOWN PRN 1726602 Phone Type CELL Phone No ( 970)566-4306 Date 05/02/2015 Employer/School POUDRE FIRE AUTHORITY Position/Grade DIV CHIEF *SUSPECT (SUSPECT OF CRIME) 1: GILMARTIN,KEITH Involvement *SUSPECT ( SUSPECT OF CRIME) Invl No 1 Type INDIVIDUAL Name GILMARTIN, KEITH MNI 306571 Race WHITE Sex MALE DOB 04/13/1949 Age 66 Ethnicity NOT HISPANIC OR LATINO Juvenile? No Height 6' 04" Weight 15-3366 Supplement No ORIG LARIMER COUNTY SHERIFFS OFFICE Phone Type CELL Phone No ( 970)556-1134 Date 05/02/2015 IBRS Info Victim Invl No 2 Offense Codes 90C Narrative Case Outline Case Origin Initial Information Contact with the Landscaping Company Contact with MIKE GRESS Contact with GILMARTIN Case Status Attachments Case Origin Radio dispatched. Initial Information On 050215, I was doubled with Field Training Officer Deputy COLEMAN. I was dispatched to 3400 West Vine Drive, the location of the Poudre Fire Authority training facility in Fort Collins on a report that the property owner adjacent to the facility was in an argument with landscaping staff that had parked their work truck and trailer on the easement of the landowner's property. Contact with the Landscaping Company When I arrived on scene, I spoke to RYAN GILSTRAP, DOB: 081798, and ROGER JACKSON, DOB: 041598. I spoke to the gentlemen briefly and asked them the basic details of what took place. They informed me that they were working at the Poudre Fire Authority training facility doing landscape work and were just finishing up and attempting to leave when a man approached them and began to yell at them to get off of his property. The man was identified as KEITH GILMARTIN, DOB: 041349, who is the property owner adjacent to the Poudre Fire Authority training facility. The landscape workers told me that he blocked them in with his vehicle and would not let them leave for approximately 20 minutes, so they got in their vehicle, locked the doors and called the police. Deputy NISWENDER provided the two men with Voluntarily Written Statement forms which were filled out and returned to me. Contact with MIKE GRESS I contacted my dispatch to make contact with someone from the Poudre Fire Authority and I was transferred to a battalion chief who I informed of the situation at the training facility and he had the division chief of the training facility, MIKE GRESS, call me in regards to this situation. Mr. GRESS told me they have had a lot of problems with Mr. GILMARTIN in the past and that he knewMr. GILMARTIN was trespassed from the Colorado State University property across the street but was not trespassed from the Poudre Fire Authority training facility. Mr. GRESS said that the Poudre Fire Authority has access and rights to use the road and easement to their training facility and that Mr. GILMARTIN put up an orange twine line down his property to mark his lines of which the landscape company vehicle and trailer did not cross. Mr. GRESS said that the road leading to the Poudre Fire Authority training facility and easement were public access and anyone can use them as the Poudre Fire Authority training facility is used by a multitude of people. Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 3 of 4 15-3366 Supplement No ORIG LARIMER COUNTY SHERIFFS OFFICE Narrative Contact with GILMARTIN I attempted to contact Mr. GILMARTIN at his residence. Upon knocking at his door, he did not answer. I went to the vehicle that he was reported to be in during the incident and he was not there either. Further follow-up will be needed to get Mr. GILMARTIN's side of the story. There have been multiple issues that have taken place between Mr. GILMARTIN and the PFA training facility. Contact has been made with the Larimer County Assessor to try and gather more information and continue investigation on who has rights to use the easement. Case Status Active. Attachments Voluntarily Written Statement - RYAN GILSTRAP Voluntarily Written Statement - ROGER JACKSON END OF REPORT Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 4 of 4 15-3366 Supplement No 0001 LARIMER COUNTY SHERIFFS OFFICE 2501 MIDPOINT DR Reported Date 05/03/2015 FORT COLLINS, CO 80525 Rpt/Incident Typ DISORDERLY Officer# RUTLEDGE,CODY Phone 970-498-5100 Fax 970-498-9203 Administrative Information Agency LARIMER COUNTY SHERIFFS OFFICE Report No 15-3366 Supplement No 0001 Reported Date 05/03/2015 Reported Time 21: 51 CAD Call No 151220451 Dispo SUPPLEMENTAL REPORT TO FOLLOW Rpt/Incident Typ DISORDERLY CONDUCT/FLAG OFFENSES Location 3400 W VINE DR City LC FORT ZIP Code 80521 Rep Dist J50540 DArea LC Area A2 From Date 05/02/2015 From Time 17: 08 Officer# L13015/RUTLEDGE, CODY Assignment LCSO PATROL - BLUE SWINGS 2nd Officer COLEMAN,JEREMY 2nd Assignment LCSO PATROL - BLUE SWINGS Entered By L13015 Assignment LCSO PATROL - BLUE SWINGS 15-3366 Supplement No 0002 LARIMER COUNTY SHERIFFS OFFICE 2501 MIDPOINT DR Reported Date 05/21/2015 FORT COLLINS, CO 80525 Rpt/Incident Typ DISORDERLY Officer# RUTLEDGE,CODY Phone 970-498-5100 Fax 970-498-9203 Administrative Information Agency LARIMER COUNTY SHERIFFS OFFICE Report No 15-3366 Supplement No 0002 Reported Date 05/21/2015 Reported Time 02: 48 CAD Call No 151220451 Dispo SUPPLEMENTAL REPORT TO FOLLOW Rpt/Incident Typ DISORDERLY CONDUCT/FLAG OFFENSES Location 3400 W VINE DR City LC FORT ZIP Code 80521 Rep Dist J50540 DArea LC Area A2 From Date 05/02/2015 From Time 17: 08 Officer# L13015/RUTLEDGE, CODY Assignment LCSO PATROL - BLUE SWINGS 2nd Officer COLEMAN,JEREMY 2nd Assignment LCSO PATROL - BLUE SWINGS Entered By L13015 Assignment LCSO PATROL - BLUE SWINGS 15-3366 Supplement No 0002 LARIMER COUNTY SHERIFFS OFFICE Narrative Attempted Contact with Mr. GILMARTIN Contact with Mr. GILMARTIN Case Status Attachments Initial Information On 052115, I was doubled with my Field Training Officer, Deputy COLEMAN. Forseveral weeks I had been attempting to contact KEITH GILMARTIN DOB: 041349, regarding the incident that took place on 050215 between him and a landscape company that takes care of the Poudre Fire Authority (PFA) facilities. Attempted Contact with Mr. GILMARTIN When I arrived to Mr. GILMARTIN's residence, I attempted to contact him at his home and realized that no one was there. I had tried to make personal contact with Mr. GILMARTIN at his residence and have made multiple phone calls with no answer from him. It was decided that if I could not get a hold of Mr. GILMARTIN, I would apply for a warrant for Mr. GILMARTIN's arrest based on the probable cause of Disorderly Conduct that I had determined. As I was leaving Mr. GILMARTIN's residence, I was talking to my cover officer when a vehicle approached and began to pull behind our patrol vehicles. The vehicle then slowly pulled out into the road and I noticed that it was Mr. GILMARTIN's vehicle. I watched the driver, addressed him by his first name of KEITH, and told him I wanted to talk to him about the incident that took place a fewweeks prior. The driver confirmed he was KEITH GILMARTIN. Contact with Mr. GILMARTIN Initially when I began speaking with Mr. GILMARTIN, he asked me if I had a warrant for his arrest. I told Mr. GILMARTIN that I did not have a warrant and that I just needed to speak to him about what took place a few weeks before with the landscaping company that was working at the PFA training facility. Mr. GILMARTIN seemed a bit agitated and I asked him to just tell me what was going on and what caused the issues that day. Mr. GILMARTIN told me he has had issues with PFAand CSU (Colorado State University) for many years over land boundaries and easement rights that have to do with his land. Mr. GILMARTIN says that he owns the land that the easements and the road are on, and that his concerns are his belief that if he does not maintain or use the land, that the land could possibly be taken from him because the Poudre Fire Authority maintains and improves on the land themselves. Mr. GILMARTIN said that he is currently in a lawsuit with CSU and a jury trial is to begin in the early part of June in regards to property lines and those rights. Mr. GILMARTIN explained to me that he has had several issues over the years of people parking on the easement and not working as they should be if they are going to be parking there. Mr. GILMARTIN said that he is just concerned that when people go down there they could be getting into things or causing problems so he is alert to when people are parked off the road of the PFA training facility. He wants to knowwhat is going on at all times because it is his property. I asked Mr. GILMARTIN specifically what happened the day that I responded out there and was unable to speak to him. He told me that when he got home, he noticed a trailer was parked on the easement next to the road leading into the PFA training facility. He said that he went and inspected the trailer and parked his vehicle in front of the trailer while he tried to figure out who it belonged to. He said that two teenage boys showed back up in a truck and said it was their trailer. Mr. GILMARTIN said he was unaware of why they would have left it there, was upset, and felt like the boys basically blewhim off by the way they were acting. He was agitated by their demeanor. Mr. GILMARTIN said that one of the boys said they were going to call the police, but was unable to. Mr. GILMARTIN said he left his dog which is obedient, in front of the trailer while he went to his house and retrieved his phone so he could call the police. Mr. GILMARTIN said that the boys knocked the dog over out of the way so they could hook back up to their trailer. Mr. GILMARTIN said that he returned and was upset that the boys had messed with his dog and was angry at the way the boys were acting. Mr. GILMARTIN said that he yelled at the boys for what they were doing. Mr. GILMARTIN said that he could understand that the young teenage boys may have been alarmed and scared Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 2 of 3 15-3366 Supplement No 0002 LARIMER COUNTY SHERIFFS OFFICE Narrative at the situation that had taken place, but noted that he would have not done anything physical with the young men if it had come to that point. I asked Mr. GILMARTIN about the easement rights and what is supposed to be done with the land that is a part of the easement. I was provided a document by Chief GRESS with the PFAwhich stated that the easement rights belonged to the PFAand they are to maintain the roadway and the drainage ways of the entire easement. When I discussed this with Mr. GILMARTIN, he acknowledged that part of the easement rights is that they are to maintain the landscaping on those easements. As I discussed with Mr. GILMARTIN the possibility of the landscaping crews being able to park on the easements of which they work on, he said that that was not unreasonable but that he still feels like it is his necessary duty to knowwho is on his property whether they are a landscaping creworsomebody else. Mr. GILMARTIN and I discussed that the landscaping company is contracted to perform the tasks set forth by the PFA, and they are going by the easement property rights from the early 90's that Mr. GILMARTIN and his parents were aware of. Mr. GILMARTIN understood that the landscaping company needs to be able to maintain those easement areas but he does not want them to go past the easement lines. He said the lines are currently marked, but have been moved or taken down several times. Due to the ongoing issues between the PFA, Mr. GILMARTIN, and the landscaping company, I asked Mr. GILMARTIN ifhe would be willing to let the landscaping company park on the easement so they could do their work, rather than have them park a quarter mile down the road and drive their equipment back and forth on the roadway to the PFA. Mr. GILMARTIN said that was reasonable as long as it was not an abused privilege. I expressed to Mr. GILMARTIN that I understood that there were ongoing issues with his property lines that he was dealing with and that my main goal was for him to not have to worry about people causing issues on his land and, adversely, people having any issues with him approaching them while they are working. Mr. GILMARTIN was very understanding of the situation and seemed to be reasonable as we discussed the situation. I advised Mr. GILMARTIN that I was going to issue him a summons for Disorderly Conduct because of his actions towards the young men that work for the landscaping company. I explained to him when I spoke to the young men, that they were legitimately scared and worried about what might have happened had they not been in their vehicle. Mr. GILMARTIN understood and said that he would sign the summons and asked if I would be in court. I told him that I would be there when I was subpoenaed and he said he understood. At the end of our conversation, Mr. GILMARTIN said thank you and shook my hand. Before leaving, I told Mr. GILMARTIN that I hoped that he can get his concerns resolved with his property lines so this type of issue does not keep arising as it has in the past. Mr. GILMARTIN thanked me again and drove to his house. Case Status Charges Filed Attachments Uniform Summons and Complaint #558467 END OF SUPPLEMENTAL REPORT Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 3 of 3 RMS Transfer Supplement Transfer Complete Prop Trans Stat Successful Property? None Approving Officer L95039 Approval Date 06/16/2015 Approval Time 00: 35: 28 Release Status RELEASABLE Narrative Complete Date 20150527 Summary Narrative cdr/L13015/052215 Case Status: Charges Filed On 052115, I contacted KEITH GILMARTIN about the incident that took place between him and the landscaping company on 050215. Mr. GILMARTIN gave his side of the story and was issued a summons for Disorderly Conduct. CITED (REPORTED AS AN ARRESTEE) 1: GILMARTIN,KEITH Involvement CITED ( REPORTED AS AN ARRESTEE) Invl No 1 Type INDIVIDUAL Name GILMARTIN, KEITH MNI 306571 Race WHITE Sex MALE DOB 04/13/1949 Age 66 Ethnicity NOT HISPANIC OR LATINO Juvenile? No Height 6' 04" Weight 200# Hair Color GRAY OR PARTIALLY GRAY Eye Color BLUE Res Status RESIDENT OFN_INVL 1 RMS Transfer Successful Vic/Ofnd Age 66 PRN 1726603 Type HOME Address 3316 W VINE DR City LC FORT State COLORADO ZIP Code 80521 Date 05/22/2015 Phone Type CELL Phone No ( 970)416-6906 Date 05/21/2015 Involvement CITED Arrest Type SUMMONS/CITED ( NIBRS) Arrest Date 05/02/2015 Arrest Time 17: 08: 00 Status CITED Citation No 558467 Armed UNARMED Multi-arrests COUNT ARRESTEE Charge 18-09-0106 NCIC Offense 5311 Level P1 Charge Literal DISORDERLY CONDUCT IBRS 90C Narrative Case Outline Initial Information Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 1 of 3 RMS Transfer Successful Prop Trans Stat Successful Property? None Approving Officer L92047 Approval Date 06/16/2015 Approval Time 18: 53: 25 Release Status UNDRINVEST Narrative Complete Date 20150611 Summary Narrative cdr/L13015/050315 Case Status: Active On 050315, I attempted to call KEITH GILMARTIN by phone several times to speak to him about the incident that took place the day before between him and the landscape workers at the PFA(Poudre Fire Authority) training facility. He did not have a message system to leave a message to have him call me back. I attempted to call Mr. GILMARTIN several times each week of work and was unable to make contact with him. I will continue to try and contact Mr. GILMARTIN orwill apply for a warrant for his arrest for Disorderly Conduct. Attachments None END OF SUPPLEMENTAL REPORT Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 1 of 1 200# Hair Color GRAY OR PARTIALLY GRAY Eye Color BLUE Res Status RESIDENT OFN_INVL 1 Vic/Ofnd Age 66 PRN 1726603 Type HOME Address 3316 W VINE DR City LC FORT State COLORADO ZIP Code 80521 Date 05/02/2015 Phone Type CELL Phone No ( 970)416-6906 Date 05/02/2015 *VICTIM (VICTIM OF CRIME ONLY!) 1: GILSTRAP,RYAN JACOB Involvement *VICTIM ( VICTIM OF CRIME ONLY! ) Invl No 1 Type INDIVIDUAL Name GILSTRAP, RYAN JACOB MNI 1274154 Race WHITE Sex MALE DOB 08/17/1998 Age 16 Ethnicity NOT HISPANIC OR LATINO Juvenile? Yes Height 5' 07" Weight 130# Hair Color BROWN Eye Color BLUE Res Status RESIDENT Vic/Ofnd Age 16 PRN 1726604 Type HOME Address 4836 KIVA DR City LC FORT State COLORADO ZIP Code 80535 Date 05/02/2015 Phone Type CELL Phone No ( 970)556-1134 Date 05/02/2015 IBRS Info Victim Invl No 1 Offense Codes 90C *VICTIM (VICTIM OF CRIME ONLY!) 2: JACKSON,ROGER WAYNE Involvement *VICTIM ( VICTIM OF CRIME ONLY! ) Invl No 2 Type INDIVIDUAL Name JACKSON, ROGER WAYNE MNI 1556627 Race WHITE Sex MALE DOB 04/15/1998 Age 17 Ethnicity NOT HISPANIC OR LATINO Juvenile? Yes Height 5' 08" Weight 145# Hair Color BROWN Eye Color BROWN Res Status RESIDENT Vic/Ofnd Age 17 PRN 1726605 Type HOME Address 518 MOCKORANGE CT City FORT COLLINS State COLORADO ZIP Code 80524 Date 05/02/2015 Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 2 of 4 RMS Transfer Successful Prop Trans Stat Successful Property? None Approving Officer L92047 Approval Date 05/09/2015 Approval Time 18: 50: 32 Release Status UNDRINVEST Narrative Complete Date 20150506 # Offenses 1 Offense 18-09-0106 Description DISORDERLY CONDUCT Complaint Type AC C NCIC Offense 5311 Use N Bias 99 Loc 25 #Pr MOE Act Weapon/Force IBRS 90C No 1 Cargo Theft? Person Summary Invl SUB Invl No 1 Type I Name GRESS, MIKE MNI 1696658 Race W Sex M DOB Invl SUS Invl No 1 Type I Name GILMARTIN, KEITH MNI 306571 Race W Sex M DOB 04/13/1949 Invl VIC Invl No 1 Type I Name GILSTRAP, RYAN JACOB MNI 1274154 Race W Sex M DOB 08/17/1998 Invl VIC Invl No 2 Type I Name JACKSON, ROGER WAYNE MNI 1556627 Race W Sex M DOB 04/15/1998 Summary Narrative jls/L13015/050315 Case Status: Active On 050215, I was dispatched to a call at the Poudre Fire Authority (PFA) training facility on a report that the resident of the property next to the PFA facility, KEITH GILMARTIN, was in an argument with the landscaping company that was working at the PFAfacility. The argument was over them using the easement to park their vehicles while they work at the PFA training facility. Report Officer L13015/RUTLEDGE, CODY Printed At 07/24/2015 15: 50 Page 1 of 4