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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 07/24/2015 15: 56 Page 4 of 5 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 07/24/2015 15: 56 Page 5 of 5 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 07/24/2015 15: 56 Page 2 of 5 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