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    Departmental Order of Discipline - Lucero - 2017 PDF

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    Prd apy Overt Degonmarct sey DENVER 1294 cota Soe PUBLIC SAFETY cone OE onset September 28, 2017 PI Case No. 162017-0034 ‘Adam Lucero (P92047) Officer in the Classified Service of the Denver Polce Department This is before the Executive Director ofthe Department of Safety to approve, cs ‘or modity the Chiet of Police's Written Command ordering disciplinary action against Officer Adam Lucaro. The Written Command determined that Officer Lucero violated RR-806, Inappropriate Force, of the Denver Police Department Operations Manual, ‘when he helped cther officers ft an arrestee who was handcuffed and on the ground, by pling up on tre handcuffs and then escorted him tothe patrol car by grabbing onto the handeuifs.' The Written Command determined that tis was a Conduct Category D violation end imposed a penalty of thity (30) suspended days without pay. Officer Lucero agrees wilh this penalty determination, On April 5, 2017, while working as the SRO for North High School, Officer Cindy Gomez observed he suspect, JM, driving a vehicte through the front parking lt. In her Officer Statement, Officer Gomez stated, “It appeared the plates onthe vehicle had been whited out in an attempt fo change the numbers.” She cleared the irense plate through NCIC and the vehicle came back as stolen out of Denver. Officer Gomez slated, TUM] was observed leaving the lot once and retumning about § minutes later..." In his Officer Stalement, Officer Michael Goodfellow stated that he entered the west 82" Avenue lot ftom the eastem-most entrance, and observed the suspect vehicle paling out from the rows of parking spots. Officer Goodtelow stated, “Whe vehicle began to drive NB in the lot and passed by me." Officer Goodfellow’s writen slatement continues as follows: | drove towards the school and tured around in the lot to drive back towards the entrance...| observed that the suspect vehicle was stopped bbehind another vehicle...Once | approached the suspect vehicle, I left a distance between our vehicies that | felt would give an avenue of escape, {as to not box the suspect in. | activated my emergency lights and exited ‘my car. | held the car at gun-point and gave loud verbal commands of ‘Denver Police!’ and ‘get out of the car now!’ The suspect then put the vehiole inte reverse and drove backwards striking my patrol car..| was ‘ot struck and was not injured. Once the suspect vehicle stopped, the "officer Ler lof wo activate his body worn camera and was issued a writen reprimand or iting ‘RR-IOZ Las petsiasto OMS 119.08, Body Worn Carer Techaclo. DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page-2- Case: 102017-0034 ‘Adam Lucero {P99047) Officer in the Classified Service of the Denver Police Department driver opened the door and stepped out. | approached, ordered the ‘suspeci to get down and reached towards him, The suspect pulled away land began to run west in the lot...t appeared that the suspect was off balance while running and it looked like he tripped on the pavement. The ‘suspee: went to the ground, landing on his chest and arms... assisted other oicers by controlling the suspect's left arm, rolling him onto his stomaci and handcutting him. | did not strke the suspect at any point. Inner Officer Statement, Corporal Jennifer Guigl stated that she "blocked the entrance lane so the vehicle in front of the stolen vehicle could exit." Corporal Guigli exited her vehiole and gave commands to the driver to show her his hands, The vehicle then drove in reverse and siruck Oificer Goodfellow patrol vehicle. The diver exited the vehicle and began to run west in the parking lot. She stated, “als we attempted to get, a hold of him, the suspect fell to the ground.” Inhis written statement, witness JH stated that he was participating ina ride-along with Corporal Guigi, when he observed JM waiting behind another vehicle to exit the school parking lot. He’ saw multiple officers order JM to get out of the car. He said that JM Fesponded “by putting the vehicle in reverse and backing into a police vehicle.” In his Officer's Original Report, Officer Gerald Juarez stated that JM was ordered out of the vehicle at gun point, “at which [time] the suspect intentionally backed up the stolen vehicle and struck'the police unit behind him." Officer Juerez stated the following: | attemsted to grab the suspect as he was running, but he was able to pull from my grasp, as well as other officers efforts. As the suspect was running, he lost his footing and fell to the ground... he suspect had his arms in front of him, resisting our efforts to place his arms behind his back. Myself and Officer Goodfellow gained control of the suspect's left \wrist and was able to place it behind his back. Goodfellow then placed a handcuff on the suspect's left wrist and handed the cuffs over to a cover officer who was able to secured (sic) the suspect's right wrist with the handcuffs. The suspect was then assisted off the ground and wes placed in a back of a patrol unit. An ambulance was nolified and responded to the scene because the suspect sustained an abrasion on his right side of his head and complained of wrist pain. In his Officer Statement, Officer Lucero stated that JM “was stopped behind another unknown civilan vehicle which was the only vehicle directly in front of [him}." Officer Lucero indica‘ed that he observed JM accelerate “at a high rate of speed in reverse and [strike] the front end of Officer Goodtellow's police vehicle.” Officer Lucero: indicated that, “[JM] then exited the driver's seat and feigned as if he was going to submit to arrest.” He stated, ‘Tojne officer attempted to grab [JM] but he escaped.” Officer Lucero stated, “it was clear that [JM] was desperate and higtly agitated with his resisting cficers attempts to detain/arrest him,” He stated, “lJM] was stil tensing up and verbaly abusive while bring (sic) him to his feet and walking him to a police DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page -3- ase: 162017-0034 ‘Adam Lucero (99047) Officer in the Classified Service cof the Denver Police Department vehicle as if he wanted to escape while cuffed.” Officer Lucero indicated that he “kept [UM's] hands high in order to keep him off balance and at a disadvantage.” Inhis Officer Statement, Officer Aaron Egger stated that when he arrived on scene, he observed Officers Lucero, Goodfellow, and Guigli contacting JM outside of the vehicle and giving loud, clear verbal commands to JM to get on the ground, Officer Egger stated he observed JM pulling away from officers’ attempts to restrain him. Officer Egger indicated that, ‘{UM] began to run WB from the vehicle, appeared to lose his balance and fall forward to the ground.” Officer Egger’s BWC footage shows JM actively resisting officers’ efforts to place him in handcuffs [00:51]. JM also can be heard stating, “Cw, my fucking arm, it feels broken" [00:57]. This is before the handcuffs are placed on JM, and another officer can be heard stating, “just get him coutfed” [01:00], The video shows that after several seconds, the officers are finally able to place the handeutfs on JM, LIM gave a videoteped statement to Sergeant Eric Lee in the back of a patrol carat the ‘scene. He admitted crashing into a patrol vehicle in a stolen vehicle and that he tried to run [00:38-00:48], He stated that he was “really sory for what [he] di [00:50]. He also stated he was tackled, his arm was broken, and he did not have any other complaints (00:55-01:12]. JM also admitted that he tried to “ram” one of the police cars {01:38 Ina recorded interview with IAB Sergeant Herrera, JM stated thatthe police “slammed [him] tothe floor" [00:47]. He described being “slammed” to the ground as “tke a football tackle" [01:96]. He stated his arm was not in the right place “to be tackled’ and “that's why it broke" (01:41). JM stated none of the officers punched or kicked him, and they did not apply any force once he was in handouts (02:16-02:23}, {IM indicated that he told the officers he had broken his arm, but claimed that they did ht care and kept puting pressure on his arm [02:40-02:52]. JM clarified that this ‘occurred ‘when his arms were sil free" [02:58]. In his follow-up interview with Sergeant Herrera, JM stated he did not know there was a police vehicle behind him, and he ‘backed into the patrol vehicle “by accident” [00:44-00:48}. He also stated that he had previously broken his right arm twice (01:28-01:44]. JM did not complain about the way the officers helped him to his feet and escorted him to a patrol car. ‘Witness IH gave a recorded phone interview to IAB Sergeant Herrera. He said that he saw JM “back up and try to run’ [00:37-00:38]. He indicated that [the offcars} just tackled him’ [00:41]. IM stated he thought the officers acted appropriately [01:21], The still photogrephs taken from BWWC footage show that JM is running away from Corporal Guigli just before he falls to the ground [img908]. They also show that JM started faling to the ground when no officers were physicaly in contact wih him {img368, 711, 908, 912}, They also show that JM's arms were outstretched just before and when he came into contact with the ground [img370, 371, 372, 911, 914). i Photographs show JM using his legs to stand up and being assisted to'a sta postion by three oticers [mgt 144, 1146, 1148, They as show Ofcer Lucero puling Up on JM's handcuffs when other offcers are helping JM stand up (img264). The DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page -4- ‘Case: 102017-0034 ‘Adam Lucero {P99047) Officer in the Classified Service of the Denver Police Department photographs also show Officer Lucero holding JM's’ hands up high behind his back as he is boing escorted to the patrol car img335, 355} HALO video o' the entrance/exit to the schoo!’s parking lot shows officers left a means of escape and did not block in any vehicle, such that the vehicle in front ofthe vehicle driven by JM was able to exit the parking lot [00:55-01:09 — North HALO_VS5 tree obstructed view; 00:39 - North Camera Long Distance View]. Othe BWC footage similarly shows that other officers did not block the exit. Officer Goodfellow’s BWC footage also shows that there was approximately a car-length of space between the vehicle driven by JM and the location in which Officer Goodfellow parked his patrol vehiale (00:57). HALO video shows Officer Goodiellow exit his patrol vehicle and the ‘suspect vehicb crash into his patrol car [00:43 — North Camera Long Distance View. ‘On April 12, 2017, IAB Sergeant Herrera obtained a written statement from Technician, Kiukas conceming the “iting of the suspect to standing’ and the “escorting of the ‘suspect’ tothe patrol car. Technician Klukas' statement is based on BWC footage from Officers Egger, Goodfellow, and Guigl’s BWC's. He stated the following: {itis my opinion thatthe lifting ofthe suspect to standing bythe handouts is an incorrect technique and one that we wam against because i can caute nerve damage, however it does not appear to me thet Oficer Lucere lifted the subjct to standing by the handout chain in a effort to cause jury or for excessive pain compliance. As soon asthe suspect was standing, Offcer Lucero ceased pressure on the handouft chain demonstrating he used the chain purely for liftin{g] the prone suspect. ‘Additionally, the escorting of the suspect by the handcuff chain, though not taught by the Denver Arrest Contol System, did not appear to be Used inan effort to cause adaonal or excessive pain tothe suspect, but ‘simply as an escort, (On Apt 18, 2017, Officer Lucero prepared a writen statement to IAB. He stated he “did not use the handcuff chain to pul the suspect up." He stated, “Imjost of my one hand was on the hand cuff itself; not the handcuff chain." Officer Lucero indicated that JM ‘was assisted up by two other DPD officers." He stated, “| also remember the suspect mostly standing up on his own volition with his legs.” Officer Lucero was asked whether he used the handcuff chain to put pressure on the suspect's wrist and shoulders and whether he could elaborate on why he chose that escort maneuver when he was walking the suspect to the patrol car. Officer Lucero responded in his. written statement as follows: No, I did not use the handcuff chain to put pressure on the suspect's wrist or shoulder. | use (sic) a reverse hook with my left bicep under the susped’s right upper arm with hands high in order to keep the suspect off balance/at a disadvantage. This was used because the suspect already feigned compliance right before he ran and vigorously resisted officers arrest, The suspect was obviously determined to escape this situation and get away. Also, when the suspect stood up, | could feel him DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Case: 102017-0054 ‘Adam Lucero (P99947) Officer in the Classified Service of the Denver Police Department tense his upper body and triad to lean away possibly preparing to run away for a second time. This belief was based on personal previous ‘experience and/or personal observation when prisoners/suspects have run away while handouffed. In a recorded interview with IAB Sergeant Herrera, Officer Lucero was asked to ‘elaborate about his statement that he "id not use the handoutf chain.” Officer Lucero stated that given the size of the handcuff links, most of his hand was on the handcuff itself, but that does not mean that some portion of his hand could have been on the chain itself [01:27-01:39]. JM was treated et DHMC where a “Serious Bodily Injury" form was completed ‘documenting a “displaced radius fracture" to his arm. JM was charged with violation of CARS. § 18-3-202 (First Degree Assault on a Peace Officer), C.R.S. § 18-4-409(2) (@a.5) (Aggravated Motor Vehicle Theft), and C.RS. § 18-9-116.5 (Vehicular Eluding). RR-306, Inapproptiate Force, of the Denver Police Department Operations Manual, provides that, Officers shall not use inappropriate force in making an arrest or in dealing with a prisoner or any other person. LUM was on the ground with his hands cufted behind his back. Officer Lucero grabbed the handcuffs and helped other officers lt JM to a standing position. Officer Lucero then grabbed the Fandcuffs and lifted JM's arms high behind JM's back as he walked him to the patrol car. In doing so, Officer Lucero violated this departmental rule because he “useld inappropriate force in making an arrest or in dealing with a prisoner ‘orany other person.” {A Violation of R308 appears in Conduct Categories D through F of the disciplinary matix. By using inappropriate force in assisting an arrestee toa standing position ater he was handcuffed and wen he escorted the arestee to tho patrol car, Oficer Livcero's miscondtct fall under Category D because it was “substantaly contrary to the values of the Department [and] that substantially interferes with its...professional image.” Officer Lucero has one prior Conduct Category D, or higher, violation within the specified time-frame of seven (7) years that would mandatory inerease the penalty level. ffeer Lusero violated RA-105, Conduct Prejudicial, when he misled hotel stat ‘members that he was conducting an official investigation in order o bain infomation fortis own personal use. See 1206-0020. Pursuant to the disciplinary matrix, fora discipline level of six (6), the mitigated penalty is an eighteen (18) to twenty-two (22) day suspension, the presumptive penaly is a thity (90) day suspension, and the aggravated penalty is a thirty-eight (38) to forty-two (42) day suspension. Officer Lilcero's actions had the potential to cause significant and serous injury to JM. However, Officer Lucero has taken responsibilty for his conduct. Thus, the presumpivo ponaty of hiry (30) suspended days without pay is warranted, DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page -6- Case: 102017-0034 ‘Adam Lucero (P3047) Officer in the Classified Service of the Denver Police Department ‘As noted above, Officer Lucero received a disciplinary penalty in 1C2016-0020. A portion ofthe discbplinary penalty was held in abeyance. The period of abeyance was {twelve (12) months. Although this rule violation was committed within that time period, there are mitigating circumstances that warrant not revoking the period of abeyance in the prior case. Fist, the force used by Officer Lucero was not for inappropriate purposes. It was not done out of anger orto punish JM. Oificer Lucero operated under the mistaken belief that the restraint hold he used was a technique authorized by the Department. The previous injury JM sustained was not exacerbated by the restraint hold Officer Lucero employed. Finally, as noted above, Officer Lucero has taken complete responsbilly for his conduct in this case and has accepted this negotiated penalty Accordingly, the Written Command is approved. Officer Lucero is hereby suspended for thirty (30) days for violating RR-306. The thirty (30) suspended days without pay shall commence on Sunday, November 5, 207, through and inclusive of Monday, December 4, 2017, Please be advised thatthe disciptine enumerated in this Order is based upon the Executive Director of the Department of Safety approving Officer Lucera's agreement to accept the

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