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
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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
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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
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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