[_] Probate Court [| Juvenile Court [_] Water Court El Paso County, State of Colorado Court Address: 270 Tejon St, Colorado Springs, CO 80903 (JSmall Claims [x] County Court [] District Court - Plaintiff: THE PEOPLE OF THE STATE OF COLORADO v. 4 COURT USE ONLY 4 Defendant: LAWRENCE STOKER ‘Aitorney for Defendant Case Number Daniel G. Kay, Esq. 2019M5494 318 East Pikes Peak Avenue, Colorado Springs, CO 80903-1519 Phone Number: (719) 635-3611 FAX Number: (719) 635-5544 Div: FAC Ctrm E-mail: dk@danielkaylaw.com Atty. Reg. #17124 | MOTION TO SUPPRESS FOR LACK OF PROBABLE CAUSE Daniel G. Kay hereby moves to suppress the arrest of Mr. Stoker as it lacked probable cause and as grounds states the following} 1. On August 3, 2019 at 6:44 pm Officer McFerran heard a call from dispatch and informed dispatch that she would interview the reporting party Anthony Love. At 6:52 Officer McFerran and Officer Boehnke started their interview of Mr. Love. At 6:56:40 Officer McFerran aired descriptions of Devon Bailey and Lawrence Stoker. By 6:58:22 shots had been fired and Devon Bailey was dying. See Detective Jacobson’s report of the 911 transcription pages 1-11; see also call screen attached as exhibit A. 2. Asa result of the interview of Anthony Love, Officer McFerran knew or should have known Anthony Love was intoxicated and/or high. That Anthony Love made Aumerous inconsistent statements, including but not limited to initially claiming “I was walking down the street and some men just confronted me with a gun and they fought me and tried to take my belongings’, then later stated he knew them, grew upwith them, and knew where they lived. He claimed initially they took a couple of dollars then changed his story to his wallet, temporary ID, Social Security card, but when McFerran asked him to show his ID, he pulled if out of his pocket. He had his red card which also surprisingly was not in the ‘wallet’ that was stolen. See body cam footage of Officer McFerran attached as Exhibit B and hand delivered to the Court. Later when he was speaking to Officer Gasper, he admitted he had been ‘smoking drugs and “heavily intoxicated" to the extent he could not remember what he told the previous officer. Then his wallet just “came up missing”. He noted he had a phone, but it was dead. Interestingly the phone was not stolen. What was stolen constantly changed, ID, KFC card, couple of bucks, didn't have any money on him, Social Security card, job card. He would change his story within moments of his last story. At one point he claimed Mr. Bailey pulled out a gun then said when asked if saw a gun by Gasper he stated, “he honestly didn’t know”, Talking about the ‘robbery” he stated, “it was right after it happened but he didn’t even have any money for them to take so at the end that's what he was saying, it wasn't even that, it was more that they were playing him like that, Like really’. See 8/6/19 interview of Anthony Love by Officer Gasper attached as Exhibit C. . Lawrence Stoker was pushed to the cement, cuffed and arrested by Officer Gonzales without probable cause and he posed no threat to anyone. It should be noted no wallet or other items that Mr. Love claimed were stolen by Mr. Stoker were found on Mr. Stoker. See body cam footage of Officer Gonzales attached as Exhibit D and hand delivered to the Court. 1. At the time of Mr. Stoker's arrest, Officer Gonzales stated he did not know to what extent Anthony Love had been interviewed, only that he had been contacted and a man with a goatee had a gun. See Detective Jacobson’s report page 7 of 79 attached as Exhibit E (pages enclosed are Stoker interview 1-99). . Minimal investigation would have determined Mr. Love was extremely intoxicated, high and could not keep his story straight. There were numerous witnesses to the alleged crime that specifically refuted Mr. Love's allegations. See Affidavit of Logan Bratzler attached as Exhibit F and Aden Rivera's statement to Officer Gasper attached as Exhibit G. Mr. Love continued to tell everyone after the altercation at 2111 Doniphan Dr. that Lawrence Stoker and Devon Bailey were going to pay for this. See Detective Jacobson’s report of Maxine Grimaldo's statement, page 6 of 6, attached as exhibit H. Mr. Love was untruthful on many levels and is at best untruthful and at best was malicious. He was drunk and high on August 3, 2019 and is incredible as a matter of law. He even accused the undersigned counsel of trying to get him not to testify when | merely tried to interview him, and he refused, See affidavits of Reverend Lee and Investigator Bratzler attached as Exhibit |, accusation of Love and Gray attached as Exhibit J.7. Warrantless arrests are presumptively illegal, and the burden is upon the prosecution to establish a well-recognized exception to the warrant requirement. People v. Neyra, 189 Colo, 367, 540 P.2d 1077 (1975); People v. Chacon, 177 Colo. 368, 494 P.2d 79 (1972); People v. Ware, 174 Colo, 419, 484 P.2d 103 (1971); People v. Valdez, 173 Colo. 410, 480 P.2d 574 (1971). Absent reasonable suspicion supported by articulable facts and inferences reasonably drawn therefrom, a law enforcement officer may not contact or detain a citizen. Stone v. People, 485 P.2d 495 (Colo. 1971). Because arrests and investigatory stops are seizures, they implicate the search and seizure protections of the Fourth Amendment and article ll, section 7. People v. Morales, 935 P.2d 936,939 (Colo. 1997); People v. Valencia, 169 P.3d 212, 217 (Colo.App.2007). All evidence which is a direct or indirect fruit of the above described evidence should be suppressed pursuant to the Fourth, Sixth and Fourteenth Amendments to the United States Constitution, Article Il, Sections 7, 16, 18 and 25 of the Colorado Constitution and C.R.S. 16-3-106, 16-3-102 and 103, 19-2-511, and the applicable case law. th DONE this 4” day of September 2019 fel G. Kay, #17124, Attorney for Defendant 318 East Pikes Peak Avenue Colorado Springs, CO 80903 (719) 635-3611 CERTIFICATE OF MAILING [hereby certify tat on the ey of September 2019, a true and correct copy of the foregoing MOTION TO SUPPRESS was e-filed via ICCES.