HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 002J - EXHIBIT J TO COMPLAINT15-5163 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
2501 MIDPOINT DR
Reported Date
07/01/2015
FORT COLLINS, CO 80525
Rpt/Incident Typ
HARASSMENT
Officer#
CALKINS, JUSTIN
Phone
970-498-5100
Fax
970-498-9203
Administrative Information
Agency
LARIMER COUNTY SHERIFFS OFFICE
Report No
15-5163
Supplement No
ORIG
Reported Date
07/01/2015
Reported Time
10: 33
CAD Call No
151820219
Dispo
REPORT TO FOLLOW
Rpt/Incident Typ
HARASSMENT
Location
3400 W VINE DR
City
LC FORT
ZIP Code
80521
Rep Dist
J50540
DArea
LC
Area
A2
From Date
07/01/2015
From Time
10: 30
Officer#
L02006/CALKINS, JUSTIN
Assignment
LCSO PATROL - RED DAYS
Entered By
L02006
Assignment
LCSO PATROL - RED DAYS
RMS Transfer
Successful
Prop Trans Stat
Successful
15-5163 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
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
Vic/Ofnd Age
66
PRN
1741011
Type
HOME
Address
3316 W VINE DR
City
LC FORT
State
COLORADO
ZIP Code
80521
Date
07/01/2015
Phone Type
CELL
Phone No
( 970)412-6906
Date
07/01/2015
15-5163 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
Narrative
Case Origin
Initial Information
Contact with Captain RICE
Contact with JJ GUTHRIE
Contact with KEITH GILMARTIN
KEITH GILMARTIN Summonsed
Additional Information from KEITH GILMARTIN
Photographs
Vehicle Disposition
Case Status
Attachments
Case Origin
Radio dispatched.
Initial Information
On 070115, I was on patrol in Larimer County, Colorado. At 1103 hours, I was radio dispatched to 3400 West
Vine Drive, Fort Collins on a report of neighbor problems. Initial information from Dispatch was that the reporting
party, SPENCER RICE, a Captain with Poudre Fire Authority (PFA), was reporting that they have ongoing issues
with their neighbor, KEITH GILMARTIN. Captain RICE reported that KEITH has parked his two-door Blazer and
trailer on PFAproperty and will not move it from the property. Captain RICE also reported that KEITH was shining
lights at the firefighters as they were driving their fire trucks and preventing them from training.
Contact with Captain RICE
I responded to 3400 West Vine Drive and spoke with Captain RICE. Captain RICE informed me that they have
had an ongoing neighbor problem with KEITH and that he is always causing issues for them. Captain RICE
stated that he seems to be escalating in the past several weeks. Captain RICE told me that just a couple of
weeks ago KEITH was issued a citation by the Larimer County Sheriff's Office for Disorderly Conduct for the way
that he was treating some of the landscape/maintenance personnel that were on the property.
Captain RICE informed me that they had been performing driving training where they drive out of the gate,
perform a turn, and then drive back into the gate. Captain RICE stated that KEITH was apparently upset about
this and had parked his vehicle and trailer on the side of the road where they do their turnaround, preventing
them from completing their training. Captain RICE told me that after he parked his vehicle, he stood in front of it
and as the firefighters were driving down the road, he began shining bright lights into their eyes trying to prevent
them from being able to see. I asked which firefighter he had done this to and he informed me it was firefighter
JAL "JJ" GUTHRIE.
Contact with JJ GUTHRIE
I asked if "JJ" was still available and he stated that he was. I spoke with "JJ" and asked him to tell me what had
happened. "JJ" told me that he was performing his turn around driving training when KEITH had driven down the
road and parked his vehicle right where he needed to turn around. "JJ" stated that KEITH then got out and was
waving his arms up and down and yelling at him; however, the windows to the fire truck were up and he was
unable to hear what KEITH was yelling. "JJ" stated that KEITH continued yelling at him and as he got closer, he
pulled out a light and began shining it in his eyes. "JJ" stated initially he was afraid because he thought he might
be pointing a gun or some other weapon at him; however, he realized it was just a flashlight as he got closer. "JJ"
stated that even though it was daylight, it was a relatively bright light and it was bright in his eyes as he was trying
to drive the fire truck. "JJ" told me that this was more of an annoyance to him than anything else, but decided that
he would like to see KEITH charged with harassment if I had probable cause to do so.
Report Officer
L02006/CALKINS, JUSTIN
Printed At
07/24/2015 15: 56 Page 3 of 5
15-5163 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
Narrative
Contact with KEITH GILMARTIN
After finishing myconversation with "JJ", I spoke again with Captain RICE and was informed that if KEITH was
not willing to move his vehicle then they were going to have it towed. I responded to KEITH's residence, 3316
West Vine Drive, where I was able to contact him. KEITH informed me that he had parked his vehicle on the side
of the road off the pavement because that is city property and he is allowed to do so. I informed KEITH that I was
not sure whose property it was; however Poudre Fire Authority was claiming that it was theirs. I also informed
KEITH that Poudre Fire Authority was advising that it was interfering with their training and that if he was not
willing to move it, then they were going to have it towed. KEITH asked me how they would be able to have it
towed if it was a public road owned by the city. I informed him that I was not sure about the property ownership,
but that if it was PFAproperty they could have it towed if they wanted to.
I also asked KEITH to tell me about this morning when he parked his vehicle. KEITH stated that he parked his
vehicle and walked straight back to his property and did not interact with the firefighters at all. KEITH stated that
he had parked his vehicle at approximately 0800 hours and had not even seen any of the firefighters. I informed
KEITH that several of the firefighters had told me that he had parked his vehicle at approximately 1015 hours and
that several of them were willing to do statements to that fact. KEITH then told me that he had in fact parked his
vehicle a little after ten while they were doing training; however, he had not had any other interaction with him
other than that. I informed KEITH that they were claiming that he was shining flashlights in their eyes and he just
shrugged his shoulders and stated, "I wasn't."
KEITH GILMARTIN Summonsed
I informed KEITH that I had several individuals that were disputing his claim and that all of their statements were
consistent. I informed KEITH that he would be issued a summons for Harassment. I completed a Uniform
Summons & Complaint (#555605) for KEITH for the charge of Harassment. After explaining the charge to KEITH
and the court date, he told me that he understood it, did not have any questions and signed the summons when I
asked him to.
Additional Information from KEITH GILMARTIN
KEITH asked me if I would be willing to look at some paperwork that he had from the assessor's files that showed
the property lines of the roadway and the easement. I informed him that I would and he provided me a copy,
which is attached to this report.
Photographs
KEITH stated that he had photographs ofwhere the vehicle was parked and that he was going to take these to
court if they towed his vehicle. I again informed KEITH that I was not sure if the property belonged to PFAornot;
however, I did not feel they would tell me it was theirs if it was not. I told him that I was going to take photographs
for my investigation as well. After finishing my conversation with KEITH, I went out and photographed the vehicle
and its location to the paved roadway as well as the Poudre Fire Authority property. While speaking to KEITH, he
informed me that the property behind the orange bailing twine he had strung up was his and the rest of the
property along the roadway belonged to the city. Several of the photograph's showKEITH's vehicle on the
property he claimed was the city's.
Vehicle Disposition
After finishing myconversation with KEITH, he refused to move his vehicle and I went back and informed Captain
RICE of this. Captain RICE called a towtruck to come and remove the vehicle from the property. As the towtruck
was arriving on scene, KEITH walked out of his property, got in his vehicle and drove it back onto his property.
That was the last contact I had with KEITH or his vehicle during the incident.
Case Status
Report Officer
L02006/CALKINS, JUSTIN
Printed At
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15-5163 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
Narrative
Charges Filed.
Attachments
Uniform Summons & Complaint #555605
Voluntarily Written Statement/JJ GUTHRIE
End of Report
Report Officer
L02006/CALKINS, JUSTIN
Printed At
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Involvement
CITED
Arrest Type
SUMMONS/CITED ( NIBRS)
Arrest Date
07/01/2015
Arrest Time
12: 00: 00
Status
CITED
Citation No
555605
Armed
UNARMED
Multi-arrests
COUNT ARRESTEE
Charge
18-09-0111
NCIC Offense
5309
Level
M3
Charge Literal
HARASSMENT
IBRS
90Z
*VICTIM (VICTIM OF CRIME ONLY!) 1: GUTHRIE,JAL
Involvement
*VICTIM ( VICTIM OF CRIME ONLY! )
Invl No
1
Type
INDIVIDUAL
Name
GUTHRIE, JAL
MNI
337231
Race
WHITE
Sex
MALE
DOB
03/19/1976
Age
39
Ethnicity
NOT HISPANIC OR LATINO
Juvenile?
No
Height
6' 02"
Weight
235#
Hair Color
RED OR AUBURN
Eye Color
GREEN
Res Status
RESIDENT
Vic/Ofnd Age
39
PRN
1741012
Type
HOME
Address
2930 ADOBE DR
City
FORT COLLINS
State
COLORADO
ZIP Code
80525
Date
07/01/2015
Phone Type
CELL
Phone No
( 970)232-4613
Date
07/01/2015
Alias Name
GUTHRIE, JJ
Race
WHITE
Sex
MALE
DOB
03/19/1976
Height
6' 02"
Weight
175#
Hair Color
RED OR AUBURN
Eye Color
GREEN
IBRS Info
Victim Invl No
1
Offense Codes
90Z
Vehicle: 914YNB
Involvement
SUSPECT
Type
TRUCK/VAN
License No
914YNB
State
COLORADO
Year
1999
Make
FORD/COURIER/FORD GOLDLINE CAMPER
Model
EXP
Color
WHITE
VIN
1FMZU34X5XZ12685
Property
Item
1
Involvement
PHOTO EVIDENCE
Invl Date
07/01/2015
In Custody?
No
Security
No
Typ
A
Cat
OTHER ( NONE OF THE ABOVE)
Article
PHOTOGRAPHS
IBRS Type
OTHER
Entered Date
07/12/2015
Entered Time
07: 22
RMS Transfer
Successful
Control
L08022 0713151057
Narrative
Case Outline
Report Officer
L02006/CALKINS, JUSTIN
Printed At
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Property?
None
Approving Officer
L08022
Approval Date
07/13/2015
Approval Time
10: 56: 44
Release Status
RELEASABLE
Narrative Complete Date
20150707
# Offenses
1
Offense
18-09-0111
Description
HARASSMENT
Complaint Type
C
AC
C
NCIC Offense
5309
Use
N
Bias
88
Loc
13
#Pr MOE Act Weapon/Force IBRS
90Z
No
1
Cargo Theft?
Person Summary
Invl
CIT
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
GUTHRIE, JAL
MNI
337231
Race
W
Sex
M
DOB
03/19/1976
Vehicle Summary
Invl
SUS
Type
2
License No
914YNB
State
CO
Lic Year Year
1999
Make
FORD
Model
EXP
Style Color
WHI
Property Summary
Involvement
PHO
Description
Article: OTHER ( NONE OF THE ABOVE - 8 photographs
Summary Narrative
ajp/L02006/070215
Case Status: Charges Filed
KEITH GILMARTIN pulled his vehicle onto the property of Poudre Fire Authority where they were training. This
interfered with their training. KEITH was also shining lights in their faces when they were driving. KEITH was
summonsed for harassment.
Report Officer
L02006/CALKINS, JUSTIN
Printed At
07/24/2015 15: 56 Page 1 of 5