HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 025E - EXHIBIT E - AMENDED COMPLAINT10-4933 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
2501 MIDPOINT DR
Reported Date
08/21/2010
FORT COLLINS, CO 80525
Rpt/Incident Typ
^NEGHPRBM^
Officer#
HART, JASON
Phone
970-498-5100
Fax
970-498-9203
Administrative Information
Agency
LARIMER COUNTY SHERIFFS OFFICE
Report No
10-4933
Supplement No
ORIG
Reported Date
08/21/2010
Reported Time
08: 29
CAD Call No
102330293
Dispo
REPORT TO FOLLOW
Rpt/Incident Typ
<DIS> NEIGHBOR PROBLEMS
Location
3400 W VINE DR
City
LC FORT
Rep Dist
J50540
DArea
LC
Area
A2
From Date
08/21/2010
From Time
08: 20
Officer#
L98049/HART, JASON
Assignment
LCSO PATROL - RED DAYS
Entered By
L98049
Assignment
LCSO PATROL - RED DAYS
RMS Transfer
Successful
Property?
None
Approving Officer
L95023
10-4933 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
SUBJECT (NOT INTERCHANGEABLE WITH SUSPECT) 1: HATFIELD,RANDALL L
Involvement
SUBJECT ( NOT INTERCHANGEABLE WITH SUSPECT)
Invl No
1
Type
INDIVIDUAL
Name
HATFIELD, RANDALL L
Race
WHITE
Sex
MALE
DOB
07/21/1952
Age
58
Ethnicity
UNKNOWN
Juvenile?
No
Height
6' 00"
Weight
190#
Hair Color
BROWN
Eye Color
BLUE
Res Status
UNKNOWN
Phone Type
CELL
Phone No
( 970)221-6244
Date
02/04/2013
SUBJECT (NOT INTERCHANGEABLE WITH SUSPECT) 2: GILMARTIN,KEITH
Involvement
SUBJECT ( NOT INTERCHANGEABLE WITH SUSPECT)
Invl No
2
Type
INDIVIDUAL
Name
GILMARTIN, KEITH
MNI
306572
Race
WHITE
Sex
MALE
DOB
04/13/1949
Age
61
Ethnicity
10-4933 Supplement No
ORIG
LARIMER COUNTY SHERIFFS OFFICE
Narrative
property and they would often park vehicles that came to the training center in that property when they had large
groups coming through. HATFIELD further informed me that GILMARTIN had secured the gate with a chain and
a lock in the past and that they had simply cut it off, but it was becoming a persistent issue and he wanted it
documented.
Contact with GILMARTIN
I made contact with GILMARTIN in person at his residence, at 3316 West Vine. GILMARTIN admitted to putting
the chain on there and welding it shut, but also said he had no intention of injuring anyone. I asked GILMARTIN if
he had seen Poudre Fire Authority staff there after he welded it shut and he said he had. I asked him why he did
not just mention it to him that the chain was hot and he should not touch it. GILMARTIN said that it was his
property and he did not need to tell someone to keep their hands off it. GILMARTIN had a different account of
whose gate it was and the property line.
GILMARTIN accompanied me back over to the gate, which is located just to the south and east of the training
center's chain link fence. GILMARTIN said that the gate was his property as well as the land immediately to the
south of it, which was south of the easement provided for the training center. GILMARTIN said that the gate had
been installed prior to his family owning the property there, but it was included on the property. GILMARTIN also
pointed out a survey marker, just to the south and west of the gate and indicated that his property ran from that
property marker diagonally towards Overland Trail and ended in another property marker just to the northwest of
where Vine and Overland meet.
Looking at the map on our MDS, showing the assessor plot lines, it did appear that GILMARTIN's representation
could be accurate; however, it was impossible to determine exactly where that property line could be. I informed
GILMARTIN that I would not be pursuing any criminal charges at this time as it appeared that the line was in
dispute. I also informed them that should Poudre Fire Authority provide further documentation that the gate is in
fact theirs as well as them having access to the property around it that I would be re-contacting him so he could
provide documentation he had concerning the property.
Recontact with HATFIELD
I then went back to the training center and made contact with HATFIELD again and informed him of the
information GILMARTIN had provided us. HATFIELD told me he was not certain of the property line either and
that he would be researching the issue with his superiors.
Case Disposition
Information Report
Attachments
None
END OF REPORT
Report Officer
L98049/HART, JASON
Printed At
07/24/2015 15: 48 Page 3 of 3
UNKNOWN
Juvenile?
No
Height
6' 05"
Weight
220#
Hair Color
BROWN
Eye Color
BLUE
Res Status
RESIDENT
Type
HOME
Address
3316 W VINE DR
City
LC FORT
State
COLORADO
Date
02/04/2013
Phone Type
HOME
Phone No
( 970)412-6906
Date
02/04/2013
Narrative
Case Outline
Case Origin
Initial Information
Contact with HATFIELD
Contact with GILMARTIN
Recontact with HATFIELD
Case Disposition
Attachments
Case Origin
Radio Dispatched
Initial Information
On 082110 at approximately 0849 hours, I was dispatched to contact Captain RANDAL HATFIELD of Poudre
Fire Authority Training Center at 3400 West Vine. Captain HATFIELD had advised Dispatch that he injured his
hand while attempting to unlock a gate on Training Center property that had a chain secured around it and was
welded shut.
Contact with HATFIELD
I made contact with HATFIELD in person at the training center. HATFIELD informed me that he had seen the
training center's neighbor, who he identified as KEITH GILMARTIN, in his van near the gate at the time of the
incident. HATFIELD informed me that he believed that GILMARTIN was the one responsible for putting the chain
on the gate and welding the chain together. HATFIELD said he did not believe that GILMARTIN had known that
HATFIELD would be attempting to open the gate at that time of day since it was not a usual day at the training
center for them to be doing that.
HATFIELD said that he had burned his hand after touching the chain in an attempt to open the gate. The chain
was still very hot from being welded recently. HATFIELD said the burn was not severe but it had caused him pain
and he would be getting it checked out by medical staff later in the day.
HATFIELD informed me that he believed the gate belonged to Colorado State University, but Colorado State
University, whom HATFIELD identified as Poudre Fire Authority's Leaser, had allowed them access to that
Report Officer
L98049/HART, JASON
Printed At
07/24/2015 15: 48 Page 2 of 3
Approval Date
09/02/2010
Approval Time
09: 48: 37
Release Status
RELEASABLE
Narrative Complete Date
20100823
Person Summary
Invl
SUB
Invl No
1
Type
I
Name
HATFIELD, RANDALL L
MNI
Race
W
Sex
M
DOB
07/21/1952
Invl
SUB
Invl No
2
Type
I
Name
GILMARTIN, KEITH
MNI
306572
Race
W
Sex
M
DOB
04/13/1949
Summary Narrative
jh/L98049/082210
Case Status: Information Report
KEITH GILMARTIN and his neighbor, the Poudre Fire Authority Training Center, disputed a property line issue.
Report Officer
L98049/HART, JASON
Printed At
07/24/2015 15: 48 Page 1 of 3
DATE FILED: March 27, 2017 1:16 PM
FILING ID: FBFED010EA744
CASE NUMBER: 2016CV31096