HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 133D - EXHIBIT 4EXHIBIT 4
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·1· ·physical arrest in this case because it was low level
·2· ·and that was because, based on what you just answered,
·3· ·you didn't see anything hazardous?
·4· · · · · ·A.· ·Yeah.· So one of the things I did in this
·5· ·case is, you know, when I know I'm going to do an
·6· ·arrest warrant, we do what we call is a SWAT matrix,
·7· ·which is basically looking for any criminal past or
·8· ·indicators of the current crime that would create
·9· ·hazards to police, whether they've, you know, resisted
10· ·in the past, they're known to carry weapons, what type
11· ·of offenses have they been arrested for in the past.
12· ·I didn't see anything.· He scored relatively low on
13· ·the matrix.
14· · · · · · · · There are certain levels that you reach a
15· ·score in the matrix which requires you to notify the
16· ·SWAT commander, to talk over the case with him, or
17· ·that it's an automatic SWAT call.
18· · · · · ·Q.· ·Okay.
19· · · · · ·A.· ·So that wasn't the case in this, so
20· ·that's why I call it a low-level arrest.
21· · · · · ·Q.· ·I see.· So as to that matrix, what kind
22· ·of information -- other than you mentioned a score,
23· ·other than that, what kind of information does it give
24· ·you?
25· · · · · ·A.· ·Does the matrix give me?
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·1· · · · · ·Q.· ·Okay.· When you arrived, what did you
·2· ·observe?
·3· · · · · ·A.· ·I observed a male standing by the truck.
·4· ·I observed Sergeant Cochran there, and there was
·5· ·another uniformed officer, I believe from Colorado
·6· ·State Police.
·7· · · · · · · · So when I got out of my car, I talked to
·8· ·Sergeant Cochran briefly, who just told me how she
·9· ·ended up in the position that she was in, how she came
10· ·into contact with him, but then I quickly went over
11· ·and began speaking with Chayce.
12· · · · · ·Q.· ·And did you recognize Mr. Anderson
13· ·immediately after arriving on the scene?
14· · · · · ·A.· ·Once I got over to him -- I mean, it was
15· ·dark, and I parked across the street, but once I got
16· ·to him, I recognized him.
17· · · · · ·Q.· ·Can you describe how he looked, how he
18· ·was behaving?
19· · · · · ·A.· ·I mean, he looked normal to me.· There
20· ·wasn't anything that caused me concern.· He wasn't
21· ·acting irrational or anything like that.· He was
22· ·cooperative when I went up and talked to him.· He
23· ·wasn't argumentative or anything like that.
24· · · · · ·Q.· ·Okay.· I have one question.· There were a
25· ·couple references in other police reports -- I don't
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·1· ·think in yours -- that there was another acquaintance
·2· ·of Mr. Anderson's named Mike.
·3· · · · · · · · Was Mike there when you got there?· Do
·4· ·you know who that is?
·5· · · · · · · · MR. RATNER:· Object to form and
·6· ·foundation.
·7· · · · · ·A.· ·So there was another person there, who
·8· ·was standing off to the side, who I was told he was
·9· ·with Chayce.· I don't know who he is or if that's why
10· ·he was there.· I'm assuming -- obviously, other
11· ·officers told me that so I have no reason to not
12· ·believe that.
13· · · · · ·Q.· ·(BY MR. CASOLARO)· You didn't talk to
14· ·him?
15· · · · · ·A.· ·No, I never talked to him.
16· · · · · ·Q.· ·Did your vehicle have a dash camera?
17· · · · · ·A.· ·No.
18· · · · · ·Q.· ·Did any of the vehicles, that you're
19· ·aware of, have dash cameras on them?
20· · · · · ·A.· ·The only one that may have would be
21· ·Officer Edmonds.· The others were all detective
22· ·vehicles, which do not have dash cams.
23· · · · · ·Q.· ·Okay.· So you said pretty shortly after
24· ·you arrived on the scene, you spoke with Sergeant
25· ·Cochran, and then fairly quickly went to talk to
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·1· ·Mr. Anderson; is that fair?
·2· · · · · ·A.· ·Yes.
·3· · · · · ·Q.· ·Okay.· And you had already testified that
·4· ·he was acting rationally.· I'll just ask anyway.· Did
·5· ·it seem like he was under the influence of any drugs
·6· ·or alcohol?
·7· · · · · · · · MR. RATNER:· Object to form.· Foundation.
·8· ·Go ahead.
·9· · · · · ·A.· ·Not that I can tell.
10· · · · · ·Q.· ·(BY MR. CASOLARO)· Now, you made an audio
11· ·recording of this conversation.
12· · · · · ·A.· ·Yes.
13· · · · · ·Q.· ·All right.· Why did you do that?
14· · · · · ·A.· ·To document the conversation.
15· · · · · ·Q.· ·Do you normally do that?
16· · · · · ·A.· ·When I'm speaking with suspects in cases,
17· ·yes.
18· · · · · ·Q.· ·Can you just describe how you did it,
19· ·what device you used and where you kept the device and
20· ·that sort of thing?
21· · · · · ·A.· ·It was a small Olympus recorder, which
22· ·had a mic plugged into it.· So the Olympus recorder
23· ·was in my jacket pocket, and the mic was ran up and
24· ·either hooked up to my jacket or my shirt at the time.
25· · · · · ·Q.· ·Okay.· And is it -- is it FCPD policy to
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·1· ·can?· I can ask you more specific questions but --
·2· · · · · ·A.· ·Yeah, I can describe it.· So based on
·3· ·everything previous and up until this point, Chayce
·4· ·had been cooperative.· He wasn't resistive at all.· So
·5· ·I used the lowest level of handcuffing technique that
·6· ·we have is -- twist and lock is what we call it.
·7· · · · · · · · So essentially it's just taking control
·8· ·of Mr. Anderson, giving him commands, which he
·9· ·complied with, placing him in the handcuffs with his
10· ·hands behind his back.· He didn't resist at all.· He
11· ·didn't question anything at all.· It was a very --
12· ·just cooperative taking him into custody.
13· · · · · ·Q.· ·Okay.· And the twist-and-lock method that
14· ·you just mentioned is what you just said, the twist-
15· ·and-lock method, or is there something specific that
16· ·you didn't mention?· That's a bad question.
17· · · · · · · · What is the twist-and-lock method?
18· · · · · ·A.· ·It's essentially -- I mean, I don't know
19· ·how it got its name.· I'm assuming it's because there
20· ·is a twisting of the hand to control the hand.· So
21· ·because you're twisting the hand to control their
22· ·hand, I'm assuming that's where the name came from, so
23· ·that's why we call it that.
24· · · · · · · · MR. RATNER:· Do you want him to
25· ·demonstrate on one of your colleagues?
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·1· ·we stop.
·2· · · · · · · · MR. JORDAN:· Okay.
·3· · · · · · · · (At this time an audio recording was
·4· ·played.)
·5· · · · · ·Q.· ·(BY MR. CASOLARO)· Okay.· At 2:57 to --
·6· · · · · · · · MR. JORDAN:· 3:05.
·7· · · · · ·Q.· ·(BY MR. CASOLARO)· -- that's when you
·8· ·initiated the physical arrest of Mr. Anderson?
·9· · · · · ·A.· ·Yes.
10· · · · · ·Q.· ·Is that fair?· Okay.
11· · · · · ·A.· ·And can I correct my previous -- so I
12· ·originally -- it wasn't until I heard this again that
13· ·I realized my recollection of how I arrested him was
14· ·wrong.
15· · · · · · · · So I said twist and lock, just because
16· ·that's what I had in my head.· And then when I heard
17· ·him -- when I heard myself say, Put your hands behind
18· ·your head, I just realized, it was, like, I didn't do
19· ·a twist and lock.· I did a standing cuff.
20· · · · · · · · So it starts, he turns away, puts his
21· ·hands behind his head, interlaces his fingers, and
22· ·then I take ahold of his hands and put one behind his
23· ·back while I search -- begin searching him, and then I
24· ·handcuff him from that point.
25· · · · · ·Q.· ·And what did you say was the name of that
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·1· ·audio is cued up at 3:22.
·2· · · · · · · · (At this time an audio recording was
·3· ·played.)
·4· · · · · · · · MR. CASOLARO:· Stop there for a second.
·5· ·That's fine.· That's not relevant.· Okay.· Let's go to
·6· ·4:18.· We've got about five more of these and we're
·7· ·done.
·8· · · · · · · · MR. JORDAN:· All right.· For the record,
·9· ·the audio is cued up at 4:17.
10· · · · · · · · MR. CASOLARO:· Yeah.· I was going to say,
11· ·maybe go back a couple seconds.
12· · · · · · · · (At this time an audio recording was
13· ·played.)
14· · · · · ·Q.· ·(BY MR. CASOLARO)· What was that sound,
15· ·do you know?
16· · · · · ·A.· ·Can you play it again?· I was trying to
17· ·figure out what that was.
18· · · · · ·Q.· ·Maybe it's easier to back up a few
19· ·seconds.
20· · · · · · · · MR. JORDAN:· We will back up the audio to
21· ·4:10 and play the sound.
22· · · · · · · · MR. CASOLARO:· Sure.
23· · · · · ·A.· ·So that is part of the standing cuffing.
24· ·So I had one arm behind his back.· And when I told him
25· ·to look over his left shoulder, then I put the first
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·1· ·handcuff around his right wrist.· So I believe the
·2· ·sound you're speaking of was the ratcheting of the
·3· ·handcuff.
·4· · · · · ·Q.· ·(BY MR. CASOLARO)· So it's literally
·5· ·putting the handcuff over the wrist?
·6· · · · · ·A.· ·Yes.
·7· · · · · ·Q.· ·Okay.· And, like, closing it into place?
·8· · · · · ·A.· ·Yes.
·9· · · · · · · · MR. CASOLARO:· Just pick up from there.
10· · · · · · · · MR. JORDAN:· The audio is starting again
11· ·at 4:26.
12· · · · · · · · (At this time an audio recording was
13· ·played.)
14· · · · · · · · MR. JORDAN:· It was stopped at 4:31.
15· · · · · ·A.· ·Yeah.· So at the end of the previous
16· ·recording, you hear me say, Relax that arm for a
17· ·second.· So I had put the first cuff on his right
18· ·wrist.· And then when I say "Relax that arm," it's
19· ·because I'm now taking that arm and putting it behind
20· ·his back, taking the other handcuff and putting it on
21· ·his left wrist, and that's the other ratcheting you
22· ·hear.
23· · · · · ·Q.· ·(BY MR. CASOLARO)· I see.· So by that
24· ·point, he was -- both hands were cuffed?
25· · · · · ·A.· ·Yes.
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·1· · · · · · · · MR. JORDAN:· The audio is starting again
·2· ·at 4:31.
·3· · · · · · · · (At this time an audio recording was
·4· ·played.)
·5· · · · · · · · MR. JORDAN:· The audio was stopped at
·6· ·4:39.
·7· · · · · ·Q.· ·(BY MR. CASOLARO)· Do you know what that
·8· ·last set of cranking was --
·9· · · · · ·A.· ·So that was --
10· · · · · ·Q.· ·-- or what that sound was?
11· · · · · ·A.· ·So that's me checking the cuffs for
12· ·tightness.· And one was a little bit too loose, so it
13· ·sounded like there was, what, two more clicks in
14· ·there, as I was asking him if either one of those were
15· ·too tight.
16· · · · · ·Q.· ·(BY MR. CASOLARO)· Okay.· And by this
17· ·point had you double-locked?
18· · · · · ·A.· ·I think I'm getting ready to.
19· · · · · · · · MR. JORDAN:· Playing the audio at 4:39.
20· · · · · · · · (At this time an audio recording was
21· ·played.)
22· · · · · · · · MR. JORDAN:· And the audio was paused at
23· ·4:52.
24· · · · · ·A.· ·Yeah.· So that's when I was
25· ·double-locking it.
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·1· ·recognize what you might have said.
·2· · · · · · · · So maybe even back up to, like, 4:40.· So
·3· ·let's go from 4:40 to -- let's go from 4:40 to 5:00.
·4· ·How about that?
·5· · · · · · · · MR. JORDAN:· Okay.
·6· · · · · ·Q.· ·(BY MR. CASOLARO)· And if you can
·7· ·identify what you said in this time frame, that would
·8· ·be really helpful, again, understanding it's hard to
·9· ·hear.
10· · · · · · · · MR. JORDAN:· The audio is cued up at
11· ·4:38, and we will start there.
12· · · · · · · · (At this time an audio recording was
13· ·played.)
14· · · · · · · · MR. JORDAN:· The audio was paused at
15· ·4:49.
16· · · · · ·Q.· ·(BY MR. CASOLARO)· Is this saying you
17· ·were going to double-lock it and then --
18· · · · · ·A.· ·Yes.· I told Mr. Anderson, I'm going to
19· ·double-lock these real quick.· It makes them so they
20· ·don't get tighter.
21· · · · · ·Q.· ·Okay.
22· · · · · · · · MR. JORDAN:· The audio is beginning at
23· ·4:49.
24· · · · · · · · (At this time an audio recording was
25· ·played.)
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·1· · · · · · · · MR. JORDAN:· And was paused at 4:57.
·2· · · · · ·A.· ·So I said, "Okay.· Neither one of those
·3· ·are going to get tighter."
·4· · · · · ·Q.· ·(BY MR. CASOLARO)· Okay.· And we don't
·5· ·need to go through the rest of it.· I'll just ask
·6· ·generally, I know you said that Mr. Anderson was
·7· ·cooperative throughout the interaction.· But is it
·8· ·fair to say that he was cooperative for the rest of
·9· ·this interaction after --
10· · · · · ·A.· ·Yes.
11· · · · · ·Q.· ·-- you had handcuffed him?
12· · · · · · · · MR. RATNER:· Object to form.
13· · · · · ·A.· ·Yes.
14· · · · · ·Q.· ·(BY MR. CASOLARO)· Okay.· Having now
15· ·heard the audio, I think I had asked you earlier when
16· ·you ended the recording.· Do you have a better sense
17· ·for when you ended it now?
18· · · · · ·A.· ·Well, I know it was after I was done
19· ·speaking with Mr. Anderson, and he was already put in
20· ·the back of Officer Edmonds' patrol car.
21· · · · · · · · I guess when I was thinking of that
22· ·question, it was, like, I don't know if it was when I
23· ·got back to my car or as I was walking back to my car,
24· ·but it was after the contact.
25· · · · · ·Q.· ·And who was present during all of that
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