HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 133C - EXHIBIT 3EXHIBIT 3
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 1 of
17
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 2 of
17
·1· ·commonly -- which I'll narrow it down, because I think
·2· ·that will expedite what we're doing here -- is what we
·3· ·call a standing modified, which is a technique that's
·4· ·usually used for a higher level of control.
·5· · · · · · · · That's where the person has their hands
·6· ·behind their head, their feet are spread apart.· We
·7· ·use that probably the most.
·8· · · · · · · · Probably the one that's used much less
·9· ·commonly, but is used typically in situations where
10· ·the subject that's being arrested is more compliant or
11· ·the situation dictates that it's not unsafe to use it,
12· ·is what's called a twist lock or -- that's the basic
13· ·name.· It's a twist lock.
14· · · · · · · · And it's a type of control hold of the
15· ·arm, where you are not having them with their hands
16· ·behind their head, but you have some level of
17· ·control --
18· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.
19· · · · · ·A.· ·-- while the handcuffs are applied.
20· · · · · ·Q.· ·That's very helpful.· Thanks.· So I know
21· ·you mentioned at some point, I believe in your report
22· ·from August 28, 2015, a low-profile handcuffing
23· ·technique.
24· · · · · · · · Does that correspond to one of the
25· ·techniques you just told me about?
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 3 of
17
·1· · · · · ·A.· ·Yeah.· That's basically a twist lock, is
·2· ·a low-profile twist lock.· I think that's the longer,
·3· ·more official name.
·4· · · · · ·Q.· ·Okay.· Great.· I just wanted to
·5· ·understand.
·6· · · · · ·A.· ·Uh-huh.
·7· · · · · ·Q.· ·And so when you were -- when you're
·8· ·trained on -- and let's just kind of limit it to these
·9· ·more common handcuffing techniques.
10· · · · · · · · When you are trained on using those
11· ·techniques, are you taught anything about tightening
12· ·the handcuffs or proper level of tightness?
13· · · · · · · · MR. RATNER:· Object to form.
14· · · · · ·A.· ·Uh-huh.
15· · · · · · · · MR. RATNER:· Go ahead.
16· · · · · ·A.· ·Yeah.· So when the handcuff is applied
17· ·correctly, basically you take the handcuff and you
18· ·press it onto the wrist and the swinging arm comes
19· ·around and clicks.
20· · · · · · · · And then you're supposed to click it down
21· ·around the lower part of the wrist, because that way
22· ·it doesn't sit right on the wrist bone, until it is
23· ·basically where you put your finger through.
24· · · · · · · · And if your finger fits through, then
25· ·it's the appropriate level of tightness.· Because it's
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 4 of
17
·1· ·obviously not tight, if you can fit a finger into
·2· ·there.· And then you double-lock the cuff so that it
·3· ·doesn't get tighter while the subject is potentially
·4· ·resting on it while riding in the car.
·5· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And so you
·6· ·mentioned in your training that you've experienced
·7· ·putting handcuffs on people many times and then having
·8· ·handcuffs on you many times.
·9· · · · · · · · In your experiences of having the
10· ·handcuffs on you, after they're removed, did you
11· ·notice any kind of redness or marks on your wrists?
12· · · · · ·A.· ·Almost always.· It causes pain.· It's
13· ·uncomfortable.· And they often leave marks.· Just the
14· ·pure fact that it's resting on -- the way the cuff is
15· ·designed, it's metal and it sits right -- even when
16· ·it's properly applied and tightened, the looser sides
17· ·are the top and the underside.· Where -- the sides
18· ·where the wrist bone is, because of the shape of the
19· ·cuff and the shape of your wrists, automatically
20· ·there's a little bit of pressure that's applied there,
21· ·no matter what.
22· · · · · · · · Even if they're too loose, you can have
23· ·pressure there, which causes redness and
24· ·uncomfortableness.
25· · · · · ·Q.· ·Okay.· So then I think just rounding out
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 5 of
17
·1· · · · · · · · MR. RATNER:· Object to form.· Go ahead.
·2· · · · · ·A.· ·I did not arrest him because I wanted
·3· ·Detective Shutters, it was his investigation, to have
·4· ·the opportunity to get there and talk to Mr. Anderson
·5· ·while he was not in custody.
·6· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And so is it
·7· ·-- would it have been important for Detective Shutters
·8· ·to speak to Mr. Anderson prior to being in custody, as
·9· ·opposed to perhaps, like, after he was in custody?
10· · · · · · · · MR. RATNER:· Object to form.
11· · · · · ·A.· ·That was my preference.· I wanted it to
12· ·be a more informal conversation.· So there was no need
13· ·for me or requirement for me to tell Mr. Anderson that
14· ·there was a warrant for his arrest.
15· · · · · · · · I was just having a consensual
16· ·conversation with him on the sidewalk.· Actually, we
17· ·were standing next to the truck, so we were in the
18· ·street.
19· · · · · · · · But that being said, I basically wanted
20· ·to just have a consensual conversation with him to
21· ·allow Detective Shutters to get there, because
22· ·although I had read the affidavit for the arrest
23· ·warrant and the 41.1, I hadn't interviewed all the
24· ·witnesses.
25· · · · · · · · I hadn't done the investigative work that
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 6 of
17
·1· ·Detective Shutters had.· So it was his investigation,
·2· ·and I wanted him to have the opportunity, being the
·3· ·person with the most knowledge, to be able to have the
·4· ·conversation.
·5· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And was
·6· ·anyone else present when you were speaking with
·7· ·Mr. Anderson and Mike?
·8· · · · · ·A.· ·Yes.· So, initially, when I called out
·9· ·that I was going to be with him, because we were right
10· ·next to campus, there are often Colorado State
11· ·University officers in that area, and they often scan
12· ·the Fort Collins police channel.
13· · · · · · · · So one of those officers, as a courtesy
14· ·and safety for me, just happened to come by and see
15· ·that I was out with somebody, probably because he
16· ·heard it on the radio.· I don't know that, but I'm
17· ·going to presume that to be true.
18· · · · · · · · So he was there briefly.· And I explained
19· ·to him that, you know, I was just going to keep this
20· ·as a low-level contact.· So just to kind of keep an
21· ·eye on the friend.
22· · · · · · · · And then when a Fort Collins police
23· ·officer, Officer Edmonds, arrived, then I asked the
24· ·CSU officer to leave.· Because I -- again, believing
25· ·that there were two officers in uniform and me there
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 7 of
17
·1· ·during this time frame, August 28, 2015, did you have
·2· ·any recording devices on you, for example, like an
·3· ·audio recorder or some type of body camera or camera
·4· ·or some type of dash camera in your vehicle?
·5· · · · · ·A.· ·I was not recording in any way.
·6· · · · · ·Q.· ·Okay.· Were you aware at the time that
·7· ·any of the Fort Collins Police Department people on
·8· ·scene -- were you aware that any of them were
·9· ·recording at the time?
10· · · · · ·A.· ·I don't know that I knew at the time. I
11· ·know that later I learned from Detective Shutters that
12· ·he was, which didn't surprise me, because almost
13· ·always, when we did field contacts, especially if we
14· ·were going to be contacting somebody that we were
15· ·going to be interviewing reference their involvement
16· ·in a case, it was very normal for somebody to be
17· ·wearing a recorder.· So I don't know that I knew it in
18· ·advance, but I knew it afterwards.
19· · · · · ·Q.· ·Okay.· So you mentioned that you and
20· ·Officer Edmonds removed yourself a bit from the
21· ·proximity of Mr. Anderson.· Were you still able to
22· ·observe Mr. Anderson's interactions with Detective
23· ·Shutters and Detective Tracy?
24· · · · · ·A.· ·Yes.
25· · · · · ·Q.· ·Could you hear what was being said
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 8 of
17
·1· ·between those people?
·2· · · · · ·A.· ·No.· I could tell that they were speaking
·3· ·at a conversational level, but I couldn't hear the
·4· ·exchange.
·5· · · · · ·Q.· ·Okay.· And so can you describe what you
·6· ·observed, between the interaction of Detective
·7· ·Shutters and Mr. Anderson and Detective Tracy, after
·8· ·you removed yourself a little bit?
·9· · · · · ·A.· ·Uh-huh.· So fairly shortly after
10· ·Detective Shutters started speaking with Mr. Anderson,
11· ·Detective Shutters began placing him in handcuffs
12· ·while Detective Tracy stood as a cover officer
13· ·basically.
14· · · · · · · · And Detective Shutters, as we talked
15· ·about earlier, used a -- like a low-profile cuffing
16· ·technique, again, consistent with they had just been
17· ·having a conversation, it was at conversational level.
18· ·So, yes, that's what I saw.
19· · · · · ·Q.· ·Okay.· And did you see Mr. Shutters -- or
20· ·I'm sorry.· Did you see Mr. Anderson resisting the
21· ·arrest in any way?
22· · · · · ·A.· ·No.
23· · · · · ·Q.· ·And did you see Mr. Anderson try to flee?
24· · · · · ·A.· ·No.
25· · · · · ·Q.· ·Okay.· And so after you see Mr. Anderson
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 9 of
17
·1· · · · · ·Q.· ·Okay.· And so if I represented to you
·2· ·that there was that notation in your report, that
·3· ·Mr. Anderson got into the vehicle on his own and did
·4· ·not say anything about his handcuffs being too tight,
·5· ·could you explain why you would make a notation
·6· ·specifically that the arrestee did not say anything
·7· ·about his handcuffs being too tight?
·8· · · · · · · · MR. RATNER:· I would object to form and
·9· ·foundation.· If you remember, and you can answer, go
10· ·ahead.
11· · · · · ·A.· ·Okay.· Yes.· The reason I said it is
12· ·because the report was, obviously, done in its
13· ·totality after the fact.· And I know that when we got
14· ·to the station, I was informed that Mr. Anderson made
15· ·such complaint to Detective Tracy.
16· · · · · · · · So as part of my supervisory
17· ·responsibilities, I made sure that I documented all
18· ·the things that I could specifically recall related to
19· ·anything that might come up later, reference his
20· ·making that complaint when he arrived at the police
21· ·station.
22· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And so, like
23· ·you said, you're making the report in its totality.
24· ·And so because there was a complaint of pain from
25· ·handcuffing, is it safe to say that's why it's
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 10 of
17
·1· ·significant to note at all points subsequent to the
·2· ·handcuffing anything verbalized or not verbalized
·3· ·about the tightness of the handcuffing?
·4· · · · · ·A.· ·Correct.
·5· · · · · ·Q.· ·Okay.· So after Mr. Anderson is in the
·6· ·back of Officer Edmonds' car and Officer Edmonds
·7· ·drives away, you said you drove separately also to
·8· ·return to Fort Collins Police Department?
·9· · · · · ·A.· ·Correct.
10· · · · · ·Q.· ·Okay.· And so what happened when you
11· ·arrived at Fort Collins Police Department?
12· · · · · ·A.· ·Excuse me.· My recollection is I first
13· ·spoke with Detective Shutters.· We had a discussion
14· ·about what we were going to do with his phone, with
15· ·Mr. Anderson's phone, regarding collecting the
16· ·evidence from that.
17· · · · · · · · And then Mr. Anderson had been taken
18· ·upstairs.· And I don't recall if Detective Tracy
19· ·called me and asked me to call her or I went up there
20· ·or whatever, but I do remember that I had a
21· ·conversation with Detective Tracy, where she told me
22· ·that he was making statements -- he, being
23· ·Mr. Anderson, was making statements that he was
24· ·injured or had pain, maybe both, I don't specifically
25· ·recall, but he was making a complaint about the
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 11 of
17
·1· ·handcuffs and his wrists.
·2· · · · · ·Q.· ·Okay.· And so when you spoke to Detective
·3· ·Tracy and she was informing you about Mr. Anderson's
·4· ·complaints of, you know, pain or injury to his wrists,
·5· ·at that time could you observe Mr. Anderson yourself?
·6· · · · · ·A.· ·I -- well, I don't know if my initial
·7· ·conversation with Detective Tracy was in person or
·8· ·over the phone, but I then went upstairs where
·9· ·Mr. Anderson was being detained until -- at that
10· ·point, we were intending to do the sexual assault
11· ·examination suspect kit here.
12· · · · · · · · And so I went upstairs because that's
13· ·where he had been taken for that processing.· So I did
14· ·go upstairs to talk with him and check on his
15· ·condition.
16· · · · · · · · And I don't recall if Detective Tracy had
17· ·already called an ambulance or if I told her to as
18· ·part of our conversation, but as a result, an
19· ·ambulance came.
20· · · · · · · · And I think I might have actually waited
21· ·until the ambulance arrived here at the police
22· ·department, because somebody had to let them in to get
23· ·them upstairs to the secure area, and I think I might
24· ·have actually escorted them up there.
25· · · · · · · · So in pretty close proximity, I went up
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 12 of
17
·1· ·probably asking me about the baggy or whatever that
·2· ·was found on the ground, but I don't have specific
·3· ·memory of that.
·4· · · · · ·Q.· ·Okay.· No.· That's fine.· Do you happen
·5· ·to recall Detective Tracy telling you anything about
·6· ·Mr. Anderson saying that he was scared of Mr. -- of
·7· ·Detective Shutters?
·8· · · · · ·A.· ·I don't specifically recall that.· I do
·9· ·recall reading it in my police report, but I don't
10· ·recall that.
11· · · · · ·Q.· ·Okay.· So jumping back to where we were
12· ·at in the timeline, somebody made the call -- or
13· ·somebody made the decision and told you that
14· ·Mr. Anderson was fine?
15· · · · · ·A.· ·Uh-huh.
16· · · · · ·Q.· ·But do you recall that Mr. Anderson was
17· ·transported by -- by medical personnel to the
18· ·hospital?
19· · · · · ·A.· ·I do recall that.
20· · · · · ·Q.· ·Okay.· And can you talk about that a
21· ·little bit?
22· · · · · · · · MR. RATNER:· Object to form.
23· · · · · ·A.· ·Yes.
24· · · · · · · · MR. RATNER:· Go ahead.
25· · · · · ·A.· ·Yes.· So my recollection of how that came
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 13 of
17
·1· ·recall why it was Officer Edmonds who rode in the
·2· ·ambulance, as opposed to a different Fort Collins
·3· ·police department individual?
·4· · · · · · · · MR. RATNER:· Object to form and
·5· ·foundation.
·6· · · · · ·A.· ·Well, I can tell you why I would have
·7· ·made that decision, in hindsight.· Because he was in a
·8· ·uniform, so he was the better choice than the
·9· ·detectives.
10· · · · · · · · I would certainly not have had Officer --
11· ·or Detective Shutters, given that the allegation was
12· ·made against him, put him in a place that he was going
13· ·to, once again, be with Mr. Anderson.
14· · · · · · · · So from a supervisory standpoint, that
15· ·wouldn't be a decision I would make.· And so with
16· ·Officer Edmonds being in uniform, and the rest of us
17· ·being in plain clothes, he was the most obvious
18· ·choice.
19· · · · · · · · And he was here, because he was already
20· ·involved, so it didn't make sense to call another
21· ·uniformed officer.
22· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And then do
23· ·you recall who was asked to do the 41.1
24· ·nontestimonial evidence collection?
25· · · · · ·A.· ·Yes.· I called Detective Hisam and asked
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 14 of
17
·1· ·him to -- initially, when I had my first conversation
·2· ·with him, I asked him to come to the police department
·3· ·to do that.· And then when the determination was made
·4· ·that we were going to go to the hospital, I
·5· ·recontacted him and asked him to meet us there.
·6· · · · · ·Q.· ·Okay.· And do you know why you selected
·7· ·Detective Hisam for that role?
·8· · · · · ·A.· ·I do.· So, traditionally, the sexual
·9· ·assault suspect kit can be done by anyone.· It's
10· ·pretty straightforward.· But, obviously, Detective
11· ·Tracy and I being females, could not do it.
12· · · · · · · · And, again, going back to Mr. Anderson
13· ·had already made a complaint against Detective
14· ·Shutters, I wasn't going to have him do it.· So I
15· ·elected to call in another detective.
16· · · · · · · · And I selected Detective Hisam because
17· ·his speciality is forensics.· He is a crime scene
18· ·processor.· So if I was going to call in someone else,
19· ·I might as well choose somebody whose specialty is
20· ·collecting evidence.· So that's why I made the
21· ·decision to call him.
22· · · · · ·Q.· ·Okay.· And so now we're at the point
23· ·where Mr. Anderson and Officer Edmonds are being
24· ·transported via ambulance to the hospital.· What
25· ·happened next?
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 15 of
17
·1· · · · · · · · MR. RATNER:· I'm going to object to form.
·2· ·She testified she doesn't remember if Officer Edmonds
·3· ·was necessarily in the ambulance.· But go ahead.· You
·4· ·can answer her question, if you can.
·5· · · · · ·A.· ·I don't know anything about the ambulance
·6· ·ride.· I recall that we got to the hospital, and that
·7· ·I spoke briefly with Detective Hisam, when he arrived
·8· ·there, to bring him up to speed on why he was here and
·9· ·what was going to be done.
10· · · · · · · · I had him review the documents, the 41.1,
11· ·since he was going to be collecting it so he knew what
12· ·he could legally collect, all that kind of thing.
13· · · · · · · · And then I also made sure that, again,
14· ·since Mr. Anderson had already made an allegation
15· ·against one of my detectives, I did not want any
16· ·detective to be alone with him.
17· · · · · · · · So I asked not only that Officer Edmonds
18· ·remain in the room, but I asked the hospital personnel
19· ·to make sure they stayed in the room, so we would have
20· ·some witness to what was happening outside of just
21· ·police witnesses.
22· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· And so you
23· ·said "we" arrived at the hospital.· Who, from Fort
24· ·Collins Police Department, was present at the hospital
25· ·when Mr. Anderson was present at the hospital?
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 16 of
17
·1· · · · · ·A.· ·So, in addition to Detective Hisam,
·2· ·Officer Edmonds being in the room, outside of the room
·3· ·was Detective Shutters and Detective Tracy and myself.
·4· · · · · ·Q.· ·Okay.· And why were Detective Shutters
·5· ·and Detective Tracy also at the hospital?
·6· · · · · · · · MR. RATNER:· Object to foundation.
·7· · · · · ·A.· ·I don't really recall, to be honest with
·8· ·you.· Well, it was Detective Shutters' case, so I
·9· ·think there was maybe some discussion about who was
10· ·going to then take the evidence, whether, you know,
11· ·Detective Hisam, being called in, would then hand it
12· ·off to Detective Shutters, who was already working and
13· ·whether he would take it back to the station or
14· ·whatever.
15· · · · · · · · I don't really recall why Detective
16· ·Shutters and Detective Tracy were specifically there.
17· ·I can't recall.
18· · · · · ·Q.· ·(BY MS. LAKSHMANAN)· Okay.· Did you
19· ·observe Detective Shutters interact with Mr. Anderson
20· ·at all while at the hospital?
21· · · · · ·A.· ·No.· I don't believe -- I don't have any
22· ·recollection of him interacting with Mr. Anderson, and
23· ·I don't believe that he did.· Because my mindset was
24· ·to remove him from having any further contact with
25· ·Mr. Anderson, if at all possible.
Case 1:17-cv-00884-CMA-STV Document 133-3 Filed 07/26/19 USDC Colorado Page 17 of
17