HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 133G - EXHIBIT 7EXHIBIT 7
Case 1:17-cv-00884-CMA-STV Document 133-7 Filed 07/26/19 USDC Colorado Page 1 of 9
Case 1:17-cv-00884-CMA-STV Document 133-7 Filed 07/26/19 USDC Colorado Page 2 of 9
·1· · · · · ·A.· ·I do not recall.· I do not recall what --
·2· ·what method he used to place Mr. Anderson under
·3· ·arrest.
·4· · · · · ·Q.· ·Did Mr. Anderson resist that arrest?
·5· · · · · ·A.· ·No, sir.
·6· · · · · ·Q.· ·Was Mr. Anderson compliant with
·7· ·Mr. Shutter -- Detective Shutters' commands?
·8· · · · · ·A.· ·To my knowledge, he was, from what I
·9· ·remember.
10· · · · · ·Q.· ·Did you notice -- I noticed in your
11· ·report that you collected evidence.· Could you just
12· ·speak briefly about some of the evidence that you
13· ·collected?
14· · · · · ·A.· ·After -- I believe it was after
15· ·Mr. Anderson was placed into custody and taken to the
16· ·patrol car, I noticed that there was a baggy, small
17· ·plastic baggy on the ground near where Mr. Anderson
18· ·was standing, and so I collected that.
19· · · · · ·Q.· ·And after Mr. Anderson was arrested, what
20· ·happened next?
21· · · · · ·A.· ·Officer Edmonds transported him here to
22· ·the police department, and I met Officer Edmonds here.
23· · · · · ·Q.· ·Were you present at the police station
24· ·when Mr. Anderson arrived?
25· · · · · ·A.· ·Yes.· I believe I followed them into the
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·1· ·parking lot.
·2· · · · · ·Q.· ·Okay.· Did you -- do you recall anything
·3· ·that Mr. Anderson said when he arrived at the police
·4· ·department, after that transport?
·5· · · · · ·A.· ·Yes.· As I walked up to the car to assist
·6· ·getting him out, and as soon as he got out of the car,
·7· ·he said that he needed to see a doctor.
·8· · · · · ·Q.· ·I'll turn your attention back to your
·9· ·police report and the third paragraph.· The second
10· ·sentence, is it correct that it reads "As Anderson got
11· ·out of the car -- patrol car -- he immediately asked
12· ·to see a doctor."· Is that correct?
13· · · · · ·A.· ·That is correct.
14· · · · · ·Q.· ·Why do you think he asked immediately to
15· ·see a doctor?
16· · · · · · · · MR. RATNER:· Object to foundation.
17· · · · · ·A.· ·I asked him why -- why he needed to see a
18· ·doctor, and he said that he had bone and nerve damage
19· ·from the handcuffs.
20· · · · · ·Q.· ·(BY MR. JORDAN)· Did you observe any
21· ·redness at that time?
22· · · · · ·A.· ·Not directly at that time.· I did after
23· ·we brought him to an interview room and removed the
24· ·handcuffs.
25· · · · · ·Q.· ·When Mr. Anderson arrived with Officer
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·1· ·Edmonds, did Mr. Anderson struggle or resist while he
·2· ·was in handcuffs?
·3· · · · · ·A.· ·No.
·4· · · · · ·Q.· ·You mentioned you walked into the
·5· ·interview room.· What happened after that?
·6· · · · · ·A.· ·We got him into the interview room.· The
·7· ·handcuffs were then removed.· And he -- I noticed that
·8· ·his hands were shaking.· And he had requested to see a
·9· ·doctor.
10· · · · · · · · I told him we didn't have a doctor on
11· ·site, but that I could call an ambulance for him,
12· ·and -- which we did.
13· · · · · ·Q.· ·You mentioned his hands were shaking.
14· ·Were they both hands?
15· · · · · ·A.· ·If I could refer to my report.
16· · · · · ·Q.· ·Uh-huh.
17· · · · · ·A.· ·I just noted that his hands were shaking.
18· ·I didn't specifically note if one or both, but I did
19· ·say "hands," as in plural.
20· · · · · ·Q.· ·Continuing with your report, in the
21· ·fourth paragraph it notes that you took digital images
22· ·of Mr. Anderson's wrists; is that correct?
23· · · · · ·A.· ·That is correct.
24· · · · · ·Q.· ·I'll -- we'll turn our attention to
25· ·Exhibit 8, which has been premarked.· And, Officer
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·1· ·Tracy, could you just take a quick look at those and
·2· ·let me know if those are the photos that you took that
·3· ·are referenced in the report?
·4· · · · · ·A.· ·I don't see -- I haven't been able to
·5· ·look at the photos that I took from that night.· And I
·6· ·don't see -- typically the disk that they come in has
·7· ·my evidence item number and my initials.
·8· · · · · · · · And I don't remember what they looked
·9· ·like so -- or what he looked like that night, so I
10· ·will just testify to that, if that's where these
11· ·images came from, then those are the images that I
12· ·took that night.· And these are images of what appear
13· ·to be the wrist area of both the right and left hand.
14· · · · · ·Q.· ·And why -- why did you take those images?
15· · · · · ·A.· ·Because he stated that his wrists hurt.
16· · · · · ·Q.· ·Is it typical to, at least in your
17· ·practice, to document injuries that arrestees complain
18· ·about?
19· · · · · · · · MR. RATNER:· Object to form.
20· · · · · ·A.· ·Yes.
21· · · · · ·Q.· ·(BY MR. JORDAN)· So after you took the
22· ·handcuffs off -- actually, I want to know one thing.
23· ·Do you recall approximately how long it took from when
24· ·Mr. Anderson was arrested to when he was brought to
25· ·the police station?
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·1· · · · · ·A.· ·It would have to be drive time from
·2· ·Whitcomb Street to Timberline.· I could estimate an
·3· ·approximate time.· The CAD notes or the log of Officer
·4· ·Edmonds would show the transport time, as far as when
·5· ·he was in custody, to the time he arrived here.
·6· · · · · ·Q.· ·You mentioned that you followed Officer
·7· ·Edmonds.
·8· · · · · ·A.· ·I don't know if we followed him,
·9· ·necessarily.· But I remember we arrived in the parking
10· ·lot, and I walked over to the car prior to
11· ·Mr. Anderson getting out.
12· · · · · ·Q.· ·To your knowledge, there wasn't any
13· ·unusual delay in that transport?
14· · · · · ·A.· ·No.
15· · · · · ·Q.· ·Returning back to your police report.
16· ·Within the fourth paragraph, approximately halfway
17· ·through, it reads "Anderson requested an ambulance and
18· ·told me that he was having difficulty breathing"; is
19· ·that correct?
20· · · · · ·A.· ·That is correct.
21· · · · · ·Q.· ·Could you explain why he requested an
22· ·ambulance?
23· · · · · · · · MR. RATNER:· Object to foundation.
24· · · · · ·A.· ·He just told me that he was having
25· ·difficulty breathing.
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·1· · · · · ·Q.· ·(BY MR. JORDAN)· And did you observe any
·2· ·difficulty with breathing?
·3· · · · · ·A.· ·He was sitting up, talking.· It didn't
·4· ·appear to me like it was an immediate medical
·5· ·emergency.
·6· · · · · ·Q.· ·What happened after he complained after
·7· ·the difficulty breathing?
·8· · · · · ·A.· ·We contacted our dispatch center and
·9· ·requested that an ambulance respond to the police
10· ·department to have him evaluated.
11· · · · · ·Q.· ·Did EMS arrive first?
12· · · · · ·A.· ·I'm not sure if -- they always dispatch a
13· ·fire engine company, as well as an ambulance, and I'm
14· ·not sure which one arrived first.
15· · · · · ·Q.· ·Is it normal for someone to be
16· ·transported to a hospital, following arrest, with
17· ·complaints about injuries to their wrist?
18· · · · · ·A.· ·Not for injuries to the wrist.· We've had
19· ·people, following an arrest, have chest pains,
20· ·difficulty breathing, that we have taken to the
21· ·hospital.
22· · · · · ·Q.· ·And what -- what is the policy when a
23· ·suspect asks for medical attention?· Do you call an
24· ·EMS first and then dispatch an ambulance?· What
25· ·generally happens?
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·1· · · · · · · · MR. RATNER:· Object to form and
·2· ·foundation.
·3· · · · · ·A.· ·He did not display to me anything, other
·4· ·than complaining of not breathing and his wrists
·5· ·hurting and his hands shaking.· So nothing outwardly
·6· ·that I would say is sustaining an injury.
·7· · · · · ·Q.· ·(BY MR. JORDAN)· Did you recognize
·8· ·redness on his wrists when you removed the handcuffs?
·9· · · · · ·A.· ·Yes.
10· · · · · ·Q.· ·And at any time when Mr. Anderson was in
11· ·your presence, did he resist arrest?
12· · · · · ·A.· ·No.
13· · · · · · · · MR. JORDAN:· That's it.
14· · · · · · · · Mr. Ratner?
15· · · · · · · · MR. RATNER:· We're done.· I don't have
16· ·any questions.
17· · · · · · · · WHEREUPON, the within proceedings were
18· ·concluded at the approximate hour of 10:46 a.m. on the
19· ·13th day of March, 2019.
20· · · · · · ·*· · · ·*· · · ·*· · · ·*· · · ·*
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