Case No.

1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 1 of 29

FORT COLLINS POLICE SERVICES

INVESTIGATIVE SUMMARY AND FINDINGS
PSU 2021-043

SUMMARY OF INQUIRY

On August 29, 2021, Mr. was contacted in Old Town as a suspect in

a trespass case. Upon contact officers attempted to serve a citation to Mr. and he
refused to accept it. Officer Kevin Park confronted Mr. and attempted to serve the
citation by handing it to him. Mr. backed away from Officer Park and brushed off
Officer Parks attempts to hand him the citation. As Mr. brushed off Officer Park
and attempted to walk away, Officer Park grabbed onto Mr. by his jacket and
spun him around. Mr. continued to attempt to walk away and was backed into a
wall. Mr. was taken to the ground where he began to resist attempts to take him
into custody. Officer Park then applied OC spray to Mr. face. Mr. was taken
into custody and charged with 3 Degree Criminal Trespass (PO1), Obstructing a
rd

Peace Officer (M2) and Resisting Arrest (M2). A formal complaint was filed by the
Haltzman Law firm on behalf of Mr. and alleged Excessive Force by Officer Kevin
Park.

INVESTIGATION
The administrative investigation involved the below steps:

1. Complaint Intake
2. CAD Review
3. Report Review
a. Officer report
b. Officer report
c. Corporal report
d. Officer Kevin Park report
e. Officer report
f. Officer report
g. Officer report
h. Sergeant report
4. Body Worn Camera Review
a. Officer body worn camera
b. Officer body worn camera
c. Officer Kevin Park body worn camera
5. Witness Interviews
a. Officer interview / 2nd interview
b. Officer interview
c. Lieutenant interview
6. Subject Interview
a. Officer Kevin Park interview
7. Summary and Findings

Revised XXXXXX
Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 2 of 29

COMPLAINT INTAKE

On Monday October 25, 2021, Internal Affairs received an e-mail from Attorney
on behalf of Mr. The e-mail contained a completed
complaint form and a letter from the Haltzman Law firm stating that the letter was to
serve as a formal complaint against the Fort Collins Police Department on behalf of Mr.
The letter described an incident between Mr. and Officer Kevin Park
that occurred on August 29 , 2021. At the same time this e-mail was received a second
th

e-mail for the same incident was received from Attorney also on
behalf of Mr. that was titled: Excessive Force Complaint Re: FCPD Officer Park.
The second e-mail contained screen shots of the interaction between Officer Park and
Mr. The complaint described that Mr. was contacted in Old Town on an
allegation of petty offense trespass and was written a citation. Mr. refused to
accept the citation and was told he could have a warrant issued for his arrest. Officer
Park attempted to hand Mr. his copy of the citation and Mr. refused to
accept it and backed away from Officer Park. Officer Park continued to attempt to give
Mr. the citation and grabbed Mr. by his jacket spinning him around,
eventually Mr. was taken down to the ground. Once on the ground Mr.
resisted officers and Officer Park applied OC to Mr. face and eyes. According to
the allegation this is done with zero provocation from Mr.

I offered to speak with Mr. in a phone interview. I sent the request to Mr.
who stated he was going to be the point of contact for the investigation. A
time was set to conduct a phone interview on November 3, 2021, at 1 pm in the
afternoon.

I called and was told that Mr. had decided to not participate in the
interview, and I informed them that it was not required, and that speaking with him was
just a way that I could ensure that I addressed every concern he had in the
investigation. I spoke with and a female attorney that was
also present. I recorded the conversation that occurred. I told Mr. that I was
planning to ask Mr. if he felt that the officers he was in contact with had ever
attempted to explain what he was receiving a citation for, and why he was being
charged. Mr. stated that Mr. felt that it was not explained to him. I did
also ask if Mr. had any injuries that he was dealing with, and I was told that Mr.
had but was dealing with some that
stemmed from the incident. I then answered several questions regarding the timeline
they could expect for the investigation and stated that I would be in touch if there were
any extensions or issues. I ensured that Mr. had my phone number and told
him to call if he had any questions.

CAD REVIEW

The call for service was created at 1:40 am on August 29, 2021, as a Trespass in
Progress with a level 2 priority – urgent. The location listed was Brothers Bar and Grill at
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 3 of 29

147 S. College Ave. The call stated that a group of guys were jumping onto private
property from the top of the buildings, and that they had just scaled up the building and
ran off. The informant was listed as the manager at the bar. The call notes stated that
the suspects were walking near Walrus, and they were described as wearing black tops,
one in jeans and one person in khakis. Further description stated that there was a
female with the males that was wearing a short blue prom dress, and that they were
about to walk out of the alley near Walrus.

Officers and were dispatched to the call at 1:41 am and

contacted the suspects on the southeast corner of Mountain and College Ave at 1:44
am.

According to the CAD notes, officers ran a records check through dispatch on
and

Officer Park was added to the call at 1:52 am.

At 1:58 am, Officer told dispatch that there was one resisting. Several other
officers responded to assist.

At 2:00 am Officer informed dispatch that they had one in custody.

At 2:01 am Sergeant stated that they had two in custody and that they
had one with OC exposure, at 2:06 am he updated that they had two patients.

The ambulance and fire crew arrived on scene at 2:06am.

At 2:30 am Officer transported Mr. to the Larimer County

Detention Center. He arrived there at 2:38 am.

REPORT REVIEW

This incident was documented in Fort Collins Case Number 21-10734.

Officer Report:

Officer completed the original report for this case. Officer documented
in the report that he was dispatched to the report of a trespass at Brother’s Bar, located
at 147 S. College Ave. Officer documented that dispatch had advised that a group
of males accompanied by a female wearing a short blue prom dress were trespassing
on the rooftops on the block.

An informant had followed the suspects and flagged down officers when they
arrived. The informant, Mr. pointed out the suspects at the gyro stand
across the street and Officer approached one male while Officer
approached the other. Officer identified the male he had contacted as

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 4 of 29

and attempted to speak with him about the incident. Officer made note in his
report that appeared intoxicated.

Officer explained to that he was being questioned regarding a

trespassing incident. Officer also noted in his report that was argumentative
throughout the contact. Officer spoke with the informant on the phone briefly to
finish getting details about the case and then advised Officer to cite the male
he was in contact with, Mr. with Third Degree Trespassing.

Officer documented completing the citation and speaking with and

then documented in his report that he turned around and saw Officer Park going hands-
on with Mr. According to Officer report he observed Officer Park grabbing
on to Mr. right arm and that Mr. was pulling away from Officer Park. Officer
then documented that he began to engage Mr. in a twist lock and that Mr.
fell to the ground as Officer went hands on with him. Officer stated that
Mr. landed on his side, and that Officers Park and followed Mr. to
the ground and worked to place him into handcuffs. Officer documented that Mr.
was resisting and that he heard Officer Park give a use of force warning for OC
Spray. Officer turned his face away as the OC was applied to Mr. Officer
documented in his report that Mr. was taken to jail by Officer

Officer completed a supplement report for this case later that documented
his follow-up in obtaining video of the suspect in the trespass case.

Officer Report:

Officer completed a supplement report for this case. Officer

documented in his report that he was working patrol and was dispatched to a trespass
in progress at 147 S. College Ave. The information in the call stated that there were two
males jumping onto private property from the top of buildings. The informant in the case
would point out the suspects to police at the intersection of E. Mountain Ave. and S
College Ave. Officer wrote that he was walking with Officer and he
heard the informant tell Officer that the suspect were wearing sports jackets. As
they went to contact the two suspects, Officer stated that he contacted Mr.
Officer documented attempting to speak with Mr. about
the incident at Brothers Bar. Officer asked for Mr. identification and
asked Mr. to move away from a larger group of people.

Officer documented that he was told by Officer that there was

probable cause to charge Mr. with Third Degree Trespass and Officer
began writing the summons. Officer put in his report that while he was writing
the summons that Mr. walked up to him and had to be asked by Officer Park to
step back. Officer completed the summons, and he began to advise Mr.
of the charges. Officer wrote in his report that Mr. was verbally
upset that he was receiving the citation. Officer documented that he
attempted to explain the citation to him, and that Mr. stated he wouldn’t sign
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 5 of 29

anything. Officer described informing Mr. that he didn’t have to sign

anything, and that Mr. stated that Officer could keep his identification
card and he would get it next week. Officer then wrote that he told Mr.
that he was going to give him his copy and that Mr. stated he was not going to
take it.

Officer then wrote that Officer Park advised Mr. that the
summons was still going to be turned in, and if he did not show up for court there would
be a warrant issued for his arrest. According to Officer Officer Park grabbed
Mr. copy of the citation and attempted to hand it to Mr. Mr. put his
hands in the air and began walking backward. Officer wrote that Mr.
continued to step backward away from Officer Park until he made contact with the wall
behind him. Officer stated in his report that he observed Mr. push
Officer Parks hand away and attempt to walk away from him. Officer
observed Officer Park grab onto Mr. jacket and that Mr. attempted to pull
away. Officer then put in his report that they all went to the ground and Officer
grabbed Mr. left arm. Mr. continued to tense up his arm and tried
to pull his arm under his body according to Officer

Officer described that Mr. continued to resist on the ground and

swore at officers and threatened physical harm. According to Officer Mr.
was able to rotate his body until he was lying on his back facing officers. Officer
heard Officer Park give a use of force warning and then observed the
application of the OC Spray to Mr. eyes and nose area. Officer put in
his report that Mr. continued to pull his arm away and that Sergeant
arrived to help place Mr. into handcuffs.

Officer documented that medical came for decontamination of Mr.

and that he transported Mr. to the Larimer County Detention Center.

Corporal report:

Corporal completed a supplemental report for this case. Cpl.

stated in her report that she assisted officers after the male they tried to issue a
summons to was uncooperative. Cpl. also noted that she stood by as cover and
assisted officers while paramedics cleaned Mr. face.

Cpl. documented that she was informed by Officer Park that he was trying
to issue a trespassing summons to Mr. and he refused to take it. Mr.
became uncooperative and physically combative when officers grabbed him to place
him under arrest. Mr. fell into the building and officers lowered him to the ground
where he continued to physically resist officers. Officer Park had applied OC to Mr.
after he was told to stop resisting and was warned about use of force.

Cpl. also wrote that she viewed the body camera video footage from the
officers on scene and read all police reports. Cpl. stated that she also reviewed
the blue team (EIS) entry from Officer Park applying OC.
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 6 of 29

Officer Kevin Park report:

Officer Kevin Park also completed a supplement report for this case. According
to Officer Park he assisted in contacting the suspects involved in the trespass case at
the corner of Mountain and College Ave. Officer Park stated he arrived to assist and
helped Officer as he was writing a summons and needed a cover officer. In
his report Officer Park stated that while Officer was writing the summons a
male, identified as walked over to him and asked if Officer Park could help
him. Officer Park stated that as soon as Officer was finished with what he
was doing he would assist him. Officer Park asked Mr. to step back, and Mr.
refused. Officer Park put in the report that Mr. was demanding that his
issue be dealt with. According to Officer Park, Mr. continued to close the distance
between himself and Officer Park, and Officer Park had to ask him several times to step
back. According to Officer Park, Mr. continued to engage officers, telling them
that he pays taxes and that he is a business owner so officers should do something for
him right now. According to Officer Park, Mr. continued to become more agitated
and verbally combative with officers.

Officer Park then documented that Officer finished writing the

summons for Mr. and began to explain it to him. According to Officer Park Mr.
appeared to stop listening and declined to take or sign anything. Officer Park put
in his report that he explained to Mr. that even if he didn’t take the summons, it
would still be turned in and he would have a court date, and if he didn’t show up for
court, he would have a warrant for his arrest.

Officer Park put in his report that Mr. started to step away from officers and
refused to accept that he was being charged. Officer Park then attempted to hand Mr.
a copy of the summons and Mr. backed away from him. Officer Park wrote
that he attempted a second time and Mr. appeared to attempt to run away. Officer
Park’s report stated that he grabbed Mr. by the arm to take control of him and he
immediately started to fight.

According to Officer Park, Mr. pushed back into him, and they fell back into
the wall of the bank at 100 S. College. Officer Park detailed in his report that he gave
Mr. commands to stop resisting and that Mr. continued to pull away. Officer
Park wrote that other officers assisted as Mr. and Officer Park fell to the ground.

Officer Park continued to detail how Mr. was given multiple commands to
stop resisting and refused. Officer Park stated that Mr. was able to maneuver
onto his back and that he gave use of force warnings that if Mr. didn’t comply that
force would be used against him. Officer Park stated that he held his OC (Oleoresin
Capsicum) spray up so that Mr. could see it. Officer Park applied OC to Mr.
which was effective, according to his report. Officer Park then documented that
medical was called to the scene to assist.
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 7 of 29

Officer report:

Officer completed a supplemental report for this case. Officer

responded to the scene after hearing Officer on the radio airing that a male was
resisting arrest. When Officer arrived, other Officers were already taking Mr.
into custody. Officer assisted with the other male suspect, Mr. on
the scene. Nothing further relevant to this investigation.

Officer report:

Officer completed a supplemental report for this case. Officer

responded after officers aired that they were dealing with an individual who was
resisting arrest. When Officer arrived, he assisted in detaining the other male
involved, Mr.

Officer report:

Officer completed a supplemental report for this case. Officer

arrived to assist after officers stated they had one resisting arrest. Officer
assisted by calling medical for a female that had been exposed to the OC spray that
was applied to Mr.

Sergeant report:

Sergeant completed a supplemental report for this case. Sgt.

responded to assist after Officer radioed that they had a male resisting
arrest. Sgt. stated that when he arrived officers were still attempting to place
Mr. into handcuffs. Sgt. assisted in getting Mr. into handcuffs, and
then requested an ambulance once Mr. was sat up and searched. Sgt.
also documented assisting a female that had been exposed to the OC Spray that was
applied.

BODY CAMERA REVIEW

Internal Affairs reviewed only the Body Camera footage of the officers that were present
during the initial incident and use of force.

Officer Body Camera:

Officer body camera starts as he is approaching a group of people at the

gyro stand near the First Bank at Mountain and College. Officer contacted a male
standing near the food cart wearing a black sport coat and he asked the male for
identification. The male sounded intoxicated based on his speech pattern. The male told
Officer that he did not have his identification, and Officer asked him how he
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 8 of 29

got into the bars without it. After the male was handed his two sandwiches at the cart
Officer directed the male, later identified as Mr. to step away from the
group of people and closer to the bank. Officer attempted to explain that he
needed to talk to him about a trespass.

Officer began talking with Mr. and asked him his name and
identifying information. Officer and Mr. talked about where Mr. was at
tonight and his potential involvement in the trespass case. Mr. was told by Officer
that he was being detained and to hang out while he continued the investigation.

Officer then used his phone and made a phone call. The conversation that
Officer had on the phone is hard to understand due to music and loud background
noise. While Officer in on the phone, the Mr. walks away back towards the
Gyro stand. Officer ended the phone call and then re-approached Mr. to
speak with him. Officer talked with Officer and they discussed citing the
two males with Third degree trespassing. Officer Park provided his citation book to
Officer Officer continued to work with Mr. and began writing a
citation. While Officer was working on writing a citation, a female in a blue dress,
later identified as talked with Mr. and made statements about the
female being assaulted and that they were chasing after the male that was attacking the
female. After several minutes, Mr. could be heard stating, “hey, hey, hey,” and he
looked to his right. Officer turned quickly, and you can see Mr. off balance
and Officer Park in the background.

Officer Park had his right hand on the front right jacket of Mr. and Officer
Park maintained his grip on the jacket as Mr. had both hands in the air. Mr.
attempted to retreat away from Officer Park by walking backwards away from Officer
Park and stated, “Are you serious right now.” Mr. put his right hand across Officer
Park’s forearm as they stepped backward. Officer was walking forward facing both
of them. Officer followed as Officer Park and Mr. walked backward with Mr.
backing into the building. Mr. fell backward into the wall of the bank but one
can see that Officer Park had his right hand still holding the jacket and his left hand
behind Mr. neck. Mr. moved forward quickly towards the ground and away
from Officer Officer was then closer to Mr. Officer ended up
near Mr. feet and legs.

Officer looked up and you could see that Mr. and Ms. have
followed the officers while they were engaged with Mr. and were now standing
close by. Officer made certain that they stayed back. Ms. moved forward
while officers are engaged on the ground with Mr. and stated, “ stop.”

In the video, Officer Park is heard telling Mr. to stop resisting. Officer
re-engaged when Mr. began struggling on the ground, and Officer moved to
help control Mr. legs. As Officer was working to grab Mr. legs,
Officer Park stated, “OC.” Officer then moved to assist with controlling an arm of
Mr. as he had rolled onto his back, facing officers.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 9 of 29

Several warnings were given, and you can see the OC application to Mr.
While the warning was being given you can see the OC spray in Officer Parks hand,
and he is holding it away from Mr. face at least a foot to two feet away. When
Officer Park applied the OC spray, he closed that distance and applied the OC from
what appeared to be only inches from Mr. face.

Once the OC was applied, Officer moved back to assist in controlling Mr.
feet until he was secured in handcuffs. Officer asked an officer to put gloves
on and then stepped back and put gloves on.

Officer then talked to other officers on scene about what needed to be

completed for Mr. since he has been detained in handcuffs. Officer stood by
while Officer placed Mr. in his patrol car.

Officer muted his camera and had a conversation with other officers and
Corporal and then sat in Officer patrol car to complete the
summons for Mr. Officer drove to the downtown D1 office with Officer
Officer camera captured them arriving at the D1 office to complete
paperwork for Mr. You can hear conversation between Mr. and Officer
while Officer completed the paperwork. Once the citation was completed
Officer assisted in issuing the citation to Mr. Mr. was then
released.

Officer body camera:

Officer body camera footage started as he was following Officer

across the street at Mountain and College Ave. The video showed Officer contact
Mr. at the gyro cart. Mr. was handed two sandwiches at the cart and turned
and handed one to Mr. Officer had a conversation with Mr. and
all that can be heard is Mr. asking what is going on. The background noise
covered other conversation.

Officer attempted to direct Mr. away from the crowd and reached
up and grabbed Mr. right arm above his elbow. Mr. immediately turned and
stated, “you don’t touch me.”

Officer attempted to talk to Mr. further, but the audio is unclear.

The video showed Mr. standing in front of Officer and Mr.
repeatedly stated, “you touched me.”

Mr. asked what was going on, and Officer can be heard
explaining that he was there to investigate Mr. possible involvement in a
trespassing case from Brothers Bar. Officer asked Mr. if he had any
identification on him, Mr. stated that he did have I.D. and Officer asked
if he could see it. Mr. stated, “no.”

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Mr. continued to be argumentative with Officer refusing to leave

and move where Officer directed him, but instead wanted to move to a
different location. Officer agreed, and they moved away from the crowd. After
more conversation Mr. provided his I.D. to Officer

Officer explained again why he was talking to Mr. and explained

what the informant had reported, and that Mr. matched the description given of
the person that was trespassing.

Mr. and Officer talked about the trespass case, and disturbance
that Mr. stated he witnessed. Officer directed Mr. to walk back
closer to where Officer is talking with Mr. and Ms.

Officer Park arrived on scene and Officer asked if he had a ticket book.
Officer Park pulled out a ticket book and handed it to Officer Officer
moved away from the crowd with Officer Park to work on writing a summons.
As Officer began working on the ticket you can hear Mr. talk to Officer
Park, and Officer Park responded with can you just give us a second. Mr. then
stated, “yeah but he is helping them.” Officer Park then stated, “I will help you as soon
as we are done.” Mr. then asked, “what is going on.”

There is further conversation that can be heard on Officer body worn

camera but due to background noise was difficult to understand. One can hear Mr.
make the statement, “you could be respectful.” Officer Park responded with
something that sounded like I will talk with you when we are done and Mr. then
stated, “help me out dude.” Officer Park then stated that he was not there for Mr.
he was there for Officer

Mr. continued to talk and attempt to engage Officer Park. Officer Park then
moved away from Mr. and turned his back to him, not responding any further to
Mr. questions. Mr. continued to attempt to engage Officer Park verbally,
and Officer Park pulled out his cellphone and looked at it.

Mr. continued to attempt to speak with Officer Park but became more
belligerent in his tone and what he was saying. At one point Mr. stated that he
paid his taxes, owned his own business, and does what he can for the fucking
community. Officer Park continued to stand facing Officer and did not engage
Mr.

Mr. continued to get more belligerent, and made the statement, “and you
looked away from me, cause you have no fucking balls.” Mr. continued to attempt
to engage Officer Park and made further rude statements. Officer Park continued to
ignore the comments made by Mr. and did not engage with him.

As Mr. continued to attempt to talk to Officer Park, Officer Park told Mr.
that if he continued to encroach on Officer space that he was going to
get a ticket. Mr. immediately took a few steps away from the officers.
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 11 of 29

Mr. continued to talk and appeared to be more animated and upset. Officer
continued to write the citation and asked Mr. for his phone number. Mr.
stated that he would not give his phone number. Mr. continued to talk about
the female that they were with being assaulted sometime during the night and he
mentioned it several times while trying to interact with Officer Park.

As Officer finished the citation he addressed Mr. and stated, “so

based on what the informant told us you are getting a citation for third degree trespass.”
Mr. became upset and began to argue about receiving the citation. Mr.
asked what it is for, and Officer stated that he was going to explain it to him.
Mr. stated that he wasn’t going to sign anything, and Officer stated that
he didn’t have to sign it.

Mr. backed away from the officers and made a statement about getting his
Identification next week, and that he isn’t signing anything. Officer Park told Mr.
that if he didn’t take the citation that it would still be turned in, and when he didn’t show
up for court that a warrant would be issued for his arrest.

Mr. walked forward and approached both officers and made a statement
that he will make it to court because he has a client that is an attorney. While Mr.
was talking, Officer Park reached over and took the pink copy of the ticket off Officer
ticket book and attempted to place it in Mr. jacket pocket. Mr.
responded by backing away from the attempt and stated, “no.”

Mr. continued to back up as Officer Park approached him with his right arm
outstretched holding the copy of the citation. Mr. had both hands up and away
from his body. Mr. took approximately six steps backwards before he physically
ran into the 1st Bank building. Officer Park followed Mr. holding the citation out
and in contact with Mr. chest.

Mr. turned to his left to get away from Officer Park and raised his right arm
up and contacted Officer Parks outstretched arm with the ticket in it. As Mr.
turned away Officer Park grabbed Mr. by his jacket and pulled down and back the
other direction, spinning Mr. around. Mr. lost his balance and almost fell to
the ground putting his hands out in front of him.

Mr. regained his balance and Officer Park still had a hold of his jacket as
he was attempting to back away from Officer Park. Mr. moved again towards the
1 Bank building, and it is difficult to see what caused the sudden movement.
st

In the video you can then see Officer Park to the right side of Mr. and
Officer attempting to gain control of Mr. left arm. As Mr. went to the
ground in a sudden movement, you can see that Officer Park had one hand on Mr.
neck. Mr. had his right arm out when he hit the ground and a hand can be
seen on top of his head and it appeared as if he hit his head on the sidewalk.

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Officers and Park then attempted to gain control of Mr. arms and
place him in handcuffs. Mr. struggled with them pulling his arms in front of his
body and twisting his body onto his back.

While Mr. is on his back you can see that Officer Park had his right hand
holding onto the top of Mr. jacket and his forearm is just under Mr. chin.
Officer Park then gave Mr. a warning to stop resisting or OC would be used
against him. Officer Park showed Mr. the OC Spray can in his hand and was
holding it away from Mr. face.

Mr. did not respond, and OC was applied. During the application you can
see that the OC spray was brought very close to his eyes.

Mr. continued to resist officers attempting to place him into handcuffs but
was eventually taken into custody. Sergeant assisted in placing Mr. into
handcuffs and stated to Mr. that he was under arrest. Once he was placed into
handcuffs Officer placed gloves on and completed a search of Mr.

Medical was called for Mr. who sat on the ground. Mr. continued to
yell and call Officer Park a “dumb fuck.” Mr. made several statements about not
doing anything wrong.

Mr. was attended to by EMS. There are several more minutes of footage
that are not relevant to this investigation.

Officer Kevin Park body camera footage:

Officer Park’s body camera footage started when he arrived at the corner of
Mountain and College Ave. to assist the other officers on scene already. When he
arrived, he stood behind Officer and Officer who were in contact with
Mr. and Mr.

Officer Park pulled out his ticket book and handed it to Officer who
walked a short distance away and began writing a ticket. Officer Park walked over with
Officer You can see Mr. walking from where Officer was
speaking with Mr. walk up to Officer Park.

Mr. started talking, and Officer Park asked Mr. if he could give them
a second. Mr. stated that the other officer was helping them and asked if Officer
Park could help him. Officer Park stated that he would help him as soon as they were
done. Mr. asked, “what is going on.” And Officer Park stated, “please give us
some space.”

Officer Park repeatedly asked Mr. to give him and Officer some
space. Officer Park asked Mr. to back up. Officer Park continued to ask Mr.
to back up and Mr. asked again about what was going on. Officer Park stated that
he didn’t know what was going on and that he just wanted Mr. to step back.
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Mr. made a statement about his rights and Officer Park mentioned that he
didn’t have rights about what was going on currently. Officer Park then asked Mr.
if he wanted to get a ticket and Mr. backed away asking if Officer Park was
serious. Mr. then made the statement that Officer Park could at least be
respectful. Officer Park made another statement about helping Mr. when they
were done and Mr. stated, “help me out dude.”

Officer Park told Mr. that he was not there for Mr. but was there for
the officer writing the ticket. While Mr. was talking, Officer Park walked away from
Mr. a few steps and turned away from him, disengaging from any further
conversation.

Mr. then continued to attempt to interact with Officer Park, who took his
phone out of a pocket and looked at it briefly before putting it away. Mr. became
more belligerent in what he was saying to Officer Park and stated that he pays taxes
and owned his own business.

Mr. then made the statement, “you looked away from me because you
have no balls. That’s right, no fucking balls, cause you can’t talk to me man to man.”
Officer Park did not respond, and Mr. continued to attempt to get Officer Park to
talk to him.

Mr. then began to talk about three males that were in a disturbance and
had pushed down the female that was with them. Officer Park continued to not respond,
until Mr. had walked closer to them and then Officer Park asked him to move
further away.

Mr. became more upset. Officer asked Mr. for his phone
number, and he refused to provide it. Mr. stated that his address was enough
information for what they needed, and that he owned his own business and didn’t have
time for “this shit.”

Officer informed Mr. that based on what the informant had

stated that he was going to get a citation for Third Degree Trespass. Mr.
immediately asked what it was for and seemed upset about receiving a citation.

Mr. repeatedly asked what he was getting the citation for and refused to
take the copy that Officer had in his hand. Mr. backed away and stated
he wasn’t going to sign it, and Officer stated he did not have to sign it.

Mr. then stated that Officer could keep his ID, and that he would
get it next week. Mr. backed further away stating it was “bullshit,” and that he
wasn’t taking the ticket.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 14 of 29

Officer Park then pointed at the citation and told Mr. that if he didn’t take
the ticket that it was still going to be turned in, and there would be a warrant for his
arrest when he didn’t show up for court.

Mr. then approached Officer Park and stated, “I’ll fucking show up cause I
have a client that is an attorney and will take your shit.” Officer Park reached out with
the pink citation copy in his right hand and began placing it toward Mr. left front
jacket.

Mr. responded by stating “no” repeatedly and backing away from Officer
Park until he physically backed into the First Bank building. Officer Park continued to
walk forward holding out the copy of the citation, and he told Mr. it was his copy.
At the same time Mr. stated, “are you serious right now.”

After backing up to the building, Mr. attempted to turn away from Officer
Park and turned to his left, raising his right hand up. It appeared that Officer Park
grabbed Mr. by his jacket and as Mr. attempted to turn and walk away from
Officer Park. Officer Park pulled on the jacket which caused Mr. to turn in the
opposite direction, lose his balance and almost fall to the ground.

Mr. regained his balance and continued to back away from Officer Park
again and stated, “are you serious.” Mr. then backed toward the building and
appeared to almost fall backwards into the wall. In the video you can see that Officer
Park was close to Mr. After what appeared to be a scuffle, Mr. is seen on
the ground with officers attempting to gain control of his arms.

Officer Park attempted to gain control of Mr. right arm, as Mr. began
to resist officers and spin around on the ground onto his back.

The video is blocked during some of the actions made by Officer Park, and a
female voice can be heard in the background stating, “ stop.”

Officer Park then stated, “stop resisting, OC!” You can then see in the video that
Mr. was lying on his back on the ground, Officer Park had his right hand on Mr.
jacket and forearm across Mr. upper check and just below his chin. It does
not appear that Officer Park applied any pressure to Mr. neck.

Officer Park then stated, “comply or force will be used against you, comply, turn
over.” On the video you can see a person had knelt next to Mr. in an attempt to
calm him down. Mr. stated one last time, “are you serious.”

After several seconds, the video captured an application of OC to Mr.

face. Mr. continued to struggle briefly with officers. Officer Park continued to tell
Mr. to stop resisting.

While being placed into handcuffs you can hear Sergeant Mark tell Mr.
that he was under arrest. Mr. then stated that he didn’t do anything.
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 15 of 29

After Mr. was taken into custody Officer Park spoke with Cpl.
who had arrived on scene. Officer Park told Cpl. that Mr. kept encroaching
on them, and that he was running his mouth. Officer Park stated they tried to serve him
the summons and that Mr. wouldn’t take it, and that Officer Park tried to give it to
him.

The video showed officers standing by while Mr. was treated by EMS after
they arrive on scene. Officer Park eventually muted his camera and spoke at length with
Cpl.

Officer Park unmuted his camera and re-contacted Mr. at the ambulance.
Mr. was informed that he was under arrest for resisting arrest and escorted by
Officer Park to a marked police vehicle. Mr. made the statement that he didn’t’ do
anything wrong and that Officer Park is the one that threw him on the ground.

Officers had Mr. sit in the police car and offered him a seat belt. Officer
Park muted his camera again and spoke with Officer and Cpl.

WITNESS INTERVIEWS

Interview with Officer

I interviewed Officer on November 29,2020 in the Internal Affairs

Office. The interview was recorded. Officer was reminded of the case and the
date and time that it occurred on August 29th, 2021, at approximately 1:40 am. Officer
stated that he was working overtime assisting the Downtown officers.

I asked what Officer remembered about working that night and he

stated that it was very busy call to call downtown, and that he was only scheduled to
help out during the busiest time, from about 9pm to 2am.

I then talked about Officer being dispatched to the trespass call at

Brothers Bar at around 1:40am with Officer I confirmed with Officer that
he contacted Mr. as a suspect and spoke with him, I asked Officer to
describe the interaction that he had. Officer stated that he attempted to
explain to Mr. why he was contacting him, and that Mr. acted very
defensive and confused as to why he was being talked to by police.

I asked Officer why he thought that Mr. was having a hard time
understanding what was going on and Officer stated that he believed Mr.
to be intoxicated. I asked if there were any other signs that told Officer
that Mr. was intoxicated and he stated that it was his behavior and demeanor,
along with his avoidance of questions he was being asked. Officer did state

15
Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 16 of 29

that he kept his distance and did not smell on odor of an alcoholic beverage coming
from Mr.

I asked Officer if while he was in contact with Mr. he ever felt

threatened by his behavior. Officer stated not at first, but that Mr. was
more verbally uncooperative. Officer told me that he had initially asked Mr.
to move away from the crowd so that he could talk to him, and that Mr. had
refused. Later, in the contact Officer stated that while he was writing the ticket
Mr. started to get closer to him. Which was a little more physically threatening
than he had been initially.

I asked Officer if he thought Mr. was aware that he was being

written a summons. Officer stated that he thought Mr. would be aware
that he was getting a summons as he had his Identification and was writing.

I then asked if Officer Park knew that Mr. was the person that Officer
was writing the ticket to, and Officer stated yes that Officer Park
was aware that Mr. was the one getting the summons.

I discussed what Officer remembered about the interaction between

Officer Park and Mr. while Officer was writing the summons. Officer
stated that he felt Officer Park was doing his job as a good cover officer
watching out for him as he was writing the ticket. Officer stated that he heard
Officer Park ask Mr. to step back a few times while he was writing the summons.

I asked if Officer had heard Mr. come up to try and ask Officer
Park a question while he was writing the summons and Officer stated that he
did not hear that interaction, he just remembered being focused on writing the summons
and hearing the few times that Officer Park had asked Mr. to step back.

I asked Officer what he was writing the initial summons for, and Officer
stated that it was for Third Degree Trespass into Municipal Court. We
discussed what level of citation that was, and that it was a Petty Offense in County
Court and a basic Misdemeanor into Municipal Court.

I then asked Officer if in his experience he had ever had anyone refuse
to accept a summons from him before. Officer stated that he had not,
especially one that low of a level. He was not prepared for it to be an issue.

I asked Officer what he was thinking after Mr. became upset

over the ticket and was refusing to accept it. Officer stated that he was initially
going to have Mr. sign the ticket and then when he refused, he was just hoping to
personally serve him his copy. As Mr. continued to refuse to accept the ticket
Officer stated that he wasn’t sure if they were going to have to detain him or
what the next step might be if he continued to refuse it. Officer stated that
was what he was thinking when Officer Park stepped in.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 17 of 29

I asked what Officer thought of how Officer Park stepped in. Officer
stated that Officer Park had more experience than he did and worked
downtown, so he felt that Officer Park had a plan.

I asked Officer to tell me what he remembered about the physical

interaction that occurred between Officer Park and Mr. after Officer Park
attempted to serve the summons to him. Officer stated that he remembered
Mr. backing away from Officer Park and that Mr. tried to push Officer Park’s
hand away and walk away, and that was when Officer Park grabbed a hold of Mr.
Officer stated that after that he couldn’t remember how it happened, but that
Officer Park and Mr. ended up on the ground and so did he. I asked if Officer
could remember how they ended up on the ground and he stated that he just
remembered a quick tussle and then they were on the ground, but that he couldn’t
remember how it happened.

I asked Officer where he ended up after they went to the ground and
Officer stated he ended up on Mr. left side with Mr. being on his
stomach initially. Then Officer remembered that Mr. arm was very
tensed, and that Mr. was attempting to reach under his body which made Officer
very nervous. Officer stated that Mr. was able to turn his
body over to face upward at officers, and that was when he heard Officer Park give the
use of force warnings for OC.

I asked Officer if he saw the application of OC to Mr. Officer

stated that he did see the beginning of it before he looked away. Officer
described it as being applied right over Mr. eyes and nose, and at a
very close range to Mr. face.

I asked if Officer remembered if anyone had informed Mr. that

he was under arrest initially, and Officer stated he remembered someone
telling Mr. he was under arrest after they had him in handcuffs.

Second Interview with Officer

I recontacted Officer and asked if he could call me as I had one more

question for him. I asked Officer if during his interactions with Mr. he
had ever explained or told Mr. that he was not free to leave and / or was being
detained for the investigation. Officer stated that he did not tell Mr. that
he was not free to leave. I recorded the phone conversation.

Interview with Officer

I interviewed Officer on December 3, 2021, in the Internal Affairs Office.

The interview was recorded, I explained that Officer was a witness in the case.
Officer stated that he remembered the case in questions.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 18 of 29

I asked Officer how long he had been a police officer and he stated a little
over four years and that he had been assigned to the District One office since the
previous May 2021.

I asked Officer to talk about the case in question and what he remembered.
Officer was able to recall the events of the case and how they came to contact Mr.
and Mr. at the corner of Mountain and College Ave. by the gyro cart.

Officer stated that he made contact with Mr. and Officer

made contact with Mr. Officer stated that Mr. was not cooperative
during the contact and refused to provide his ID making the contact take longer and be
more complicated.

Officer explained to me how he re-contacted the informant and was able to

get probable cause to cite both Mr. and Mr. for Third Degree Trespass.

Officer described that he was talking to Mr. and trying to issue a

summons, and it was also mentioned that the female with them had been possibly
assaulted. During the conversation Officer stated that Mr. admitted that they
had been on the roof of Brothers Bar.

While he was continuing to have the conversation with Mr. and his girlfriend,
Officer stated that he though he remembered seeing something out of the corner
of his eye to his left. When he turned to his left he saw Mr. pulling away from
Officer Park, and Officer Park was attempting to go hands on with him.

Officer stated that he went to assist and attempted to get a hold of an arm
of Mr. Officer stated that Mr. was then spun down to the ground.
Officer stated that it wasn’t clear if Mr. took himself to the ground or if Officer
Park had a hand on him and completed a take down. Officer stated that he only
saw that Officer Park had one hand on Mr. so wasn’t exactly sure what was done
to take Mr. to the ground.

Officer stated that he never really got control in any way of Mr.
Officer stated that he remembered that after Mr. went to the ground that he
looked up and Mr. and his girlfriend have come closer but were not interfering on
what was going on. Officer then began assisting again with Mr. who was
resisting. Officer remembered that Officer was attempting to control an
arm along with Officer Park, so he began assisting in controlling Mr. legs.

Officer stated that he heard Officer Park give the use of force warning for
the OC spray and he remembered that he turned his head away to minimize his
exposure. Officer remembered the OC application, and then remembered that
officers were able to get control of Mr. who now had OC spray on his face.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 19 of 29

Officer also remembered that other officers had arrived on scene to assist.
Once the situation was stabilized Officer remembered that medical was called to
assist as a female who had been nearby had gotten OC spray in her eyes as well.

Officer then stated that he went with Officer and Mr. who
had been detained in handcuffs, back to the D1 office to complete the summons. Officer
stated that Mr. was released from the D1 office after being served the
citation.

I asked Officer if he felt Mr. was intoxicated that night. Officer

stated that Mr. was verbally uncooperative and that he failed to follow directions
and didn’t want to provide his identification.

I asked Officer to clarify what he remembered seeing when he turned and

saw Officer Park and Mr. Officer stated that he saw Mr. with food in
his hand and he thought that Officer Park had something in his other hand, but that
Officer Park had a hand on Mr. and it appeared as if Mr. was attempting to
get away from Officer Park.

I then asked Officer to think back to how he thought Mr. ended up on

the ground. I asked him to describe the momentum he discussed earlier and what he
remembered. Officer described Mr. pulling away toward the First Bank
building, he stated that from his recollection it wasn’t super-fast but that he couldn’t see
what Officer Park was doing since he was on the other side of Mr.

I asked Officer if he could tell if Mr. was resisting officers. Officer

stated that he observed Mr. looked like he was resisting officer as he was turning
his body to face upward, while officers were attempting to place him on his stomach.

Officer remembered that officers gave commands to Mr. but he was

not sure who was giving commands. Officer also stated that he did not see the
actual application as he turned his head after he heard the warning for OC.

After Mr. was in custody, he responded to the D1 office to finish issuing a

summons to Mr. and didn’t have any further contact with Mr.

Interview with Lieutenant

I interviewed Lieutenant due to his demonstrated knowledge as a

Lead Defensive Tactics Instructor for Fort Collins Police Services. The interview was
conducted on November 30th in the Internal Affairs office.

Lieutenant watched the body camera footage from Officer Park, Officer
and Officer After he was allowed to view the footage, I began the
recorded interview.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 20 of 29

The first event that I asked Lieutenant about was a suspected takedown
used on Mr. Mr. had backed away from officers and into the 1st Bank
building. The use of a takedown on Mr. had not been documented in blue team or
in reports but after viewing the body worn camera footage Internal Affairs believed that it
appeared as if a takedown had been attempted and or completed.

I asked Lieutenant if after watching the videos if he could tell whether a

takedown was performed on Mr. Lieutenant stated on the video he had
observed that Officer Park had his hand on the back of Mr. neck and his other
hand on his jacket. Lieutenant stated that he observed that Mr. had
forward momentum that was created and it resulted with him landing on the ground. In
his opinion it appeared that the officers had been attempting to control Mr. and
that Mr. ended up on the ground. The momentum and movement downward
indicated officers intended to take him to the ground. In his opinion a takedown was
performed on Mr.

After Mr. was taken to the ground by officers, he then began to resist their
efforts to take him into custody. This resulted in the use of OC spray by Officer Kevin
Park. Lieutenant had also watched the application of the OC spray that was
captured on the body worn camera footage.

I asked Lieutenant if the use of the OC spray was within training

guidelines and policy. Lieutenant stated that he felt the use of OC was
applicable in that instance because there was defensive resistance that was offered by
Mr. Lieutenant went on to explain that when OC is sprayed from the
canister there is a minimum distance that it can be applied which is three feet.
Lieutenant went on to explain that applying it directly from the canister closer
than three feet could potentially cause serious bodily injury through something called
the hydraulic needling effect, which is where the particulates from the spray can
become embedded in the eyeball.

Lieutenant stated that in the video he observed that Officer Park gave the
appropriate warnings for the use of OC, and is holding the OC canister an appropriate
distance away from Mr. but when the OC is actually applied it is moved closer to
Mr. face and the distance he observed would be outside of training for someone
who is only offering defensive resistance. Lieutenant explained that if Mr.
had been demonstrating aggravating active aggression towards the officers, they would
have been justified in using the OC spray at a closer range since they would have been
at risk of serious bodily injury or death. Lieutenant stated that the OC was
applied outside of training in this case since it was inside of three feet.

I then asked Lieutenant if there were other techniques or tactics that he

would have recommended or would have been appropriate if the officers could not get
the needed distance to safely apply the OC Spray to Mr. Lieutenant
stated that there were several other options to apply the OC as it could still be effective.
Lieutenant stated that they train to apply the OC spray to a hand and then wipe it
over the persons face and eyes as it will be effective. Lieutenant stated that an
20
Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 21 of 29

officer can also spray it on the ground near a person’s face and it may splash up into
their eyes and be effective.

Lieutenant stated that on the ground you also have a high likelihood of
secondary exposure or cross contamination when OC is used in a situation like the one
observed. Those would be the downsides of using the OC spray in that manner.

I asked Lieutenant if there was anything that I didn’t ask about that he
would like to add. Lieutenant stated that he noted the head push that he had
witnessed on the video. He stated that it appeared the head of Mr. was being
pushed down into the ground by an officer’s hand. Lieutenant stated it was a
takedown but was not something that was trained and not utilized in that way. The only
way we would do a technique close to that was when someone was actively coming at
an officer, and they needed to utilize a sprawl technique.

SUBJECT OFFICER INTERVIEW

Interview with Officer Kevin Park:

The interview with Officer Park was conducted on December 8,2021, in the
Chiefs Conference room. Officer Park had Attorney with him as his
representative and Sergeant was also present during the interview as
well. The interview was audio recorded only.

I explained the case information and read Garrity to Officer Park, he had no
questions, and he signed the Garrity form along with Mr. as a witness.

I asked Officer Park if he could remember and talk about his involvement in the
call on the night in question.

Officer Park stated that he responded to Brothers Bar on the call, and he
discovered that everyone had already left that location, so he responded to Mountain
and College to assist Officer’s and Officer Park stated that he was
unaware that they were in contact with the suspects from the Brothers Bar trespass call.

Officer Park stated that as Officer was writing the summons he went
over to cover him.

I asked Officer Park if he was aware that the male, Mr. that walked up to
him and Officer was involved in the call, and that he was the one that was
being written the summons. Officer Park stated that he was not aware at that time the
male was a suspect in the call, Officer Park thought the male had walked over from the
food cart that was nearby and that he was just curious about what was going on. Officer
Park stated that was why he just told the male to give them some space.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 22 of 29

I clarified with Officer Park that he didn’t engage or speak to the male about what
was going on because he wasn’t aware that Mr. was actually involved in the
situation. Officer Park stated that was correct.

I asked Officer Park if he thought he would have engaged more with Mr.
and have attempted to answer his questions if he knew he was involved. Officer Park
stated, probably.

I asked Officer Park at what point he knew that Mr. was involved, and
Officer Park stated it wasn’t until Officer attempted to serve Mr. the
summons he had been writing that he realized he was involved.

I then asked Officer Park how long he had worked downtown and how long he
had been a cop. Officer Park stated he had been downtown about a year and a half and
a cop for about three years. I then asked Officer Park how many times he had
attempted to serve a summons that someone refused to take. I asked what he did in
those instances when in the past someone has refused. Officer Park stated that nine
times out of ten he attempts to just hand them the ticket, and that usually they take it.

I clarified that he would hold out the ticket and they would take it, and he stated
that they would take it, although they would sometimes just throw it away, or rip it up.
He agreed that even if they did rip it up that was on them and not in his control.

I then asked Officer Park to talk to me about his decision to attempt to hand Mr.
the copy of the ticket, how that went and the decisions that he made after that.

Officer Park stated that he remembered that when Officer attempted to

serve the summons that Mr. backed away and stated something like, fuck you I’m
not taking it. Officer Park mentioned that he remembered that Mr. stated
something like you can keep my driver’s license as well.

Officer Park stated he took the copy and went to hand it to Mr. and that
Mr. backed away from him, as Officer Park followed him, he attempted to put the
citation into his pocket and that was when things went south.

I asked Officer Park to describe to me how things went south. I described the
situation to Officer Park again and told him that Mr. had backed away when
Officer had attempted to serve the summons, and then when Officer Park
confronted him about the ticket being turned in anyway, that Mr. had approached
him closer. That was when Officer Park initially attempted to hand him the ticket. I asked
Officer Park to be specific in his decision making and thought process in deciding to
hand Mr. the ticket and then deciding to go hands on.

Officer Park stated he thought he was going to do his normal process and hand
him the ticket. Officer Park stated that Mr. had his hands up so he thought he
would put it in his pocket. Officer Park stated that as Mr. turned, he batted his
hand away and pushed off as if he was going to run. Officer Park stated that when Mr.
22
Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 23 of 29

made contact with his hand, he grabbed onto Mr. because he wasn’t free to
go.

Officer Park stated that he grabbed onto Mr. and he began to fight. Officer
Park stated that they fell back against the building and then stated that he fell back
against the building, and that they went down to the ground. Officer Park stated that it
happened really fast.

I asked Officer Park if he remembered that he grabbed Mr. by his jacket,

and he stated that he didn’t remember.

I then asked Officer Park if he could go through what actions he remembered

happening that resulted in them going to the ground. Officer Park stated that he didn’t
remember exactly how they ended up on the ground. Officer Park stated it felt like they
fell to the ground and Officer Park mentioned that Mr. was fighting really hard.

Officer Park stated that after ending up on the ground that he was trying to keep
Mr. on his belly, but that he kept rolling onto his back. Officer Park stated that he
told Mr. several times to stop resisting and told him that from the time that he
went hands on with him. Officer Park also remembered that he pulled out his OC and
gave use of force warnings.

Officer Park stated that he gave several warnings, and that he had his OC out
and he was looking down at Mr. Officer Park stated that Mr. just stared at
him. Officer Park then stated that he has been injured fighting with a subject in almost
those exact circumstances. Officer Park was concerned that someone was going to get
hurt, so that was why he used OC.

I asked Officer Park to describe to me the first time that he felt Mr. was
fighting with him or offering resistance. Officer Park stated that he felt that immediately
after going hands on that Mr. was resisting him as he was pulling away from him.

I asked Officer Park to describe the type of resistance he was getting from Mr.
and asked if Mr. was actively trying to fight or if he was being more
defensive in his actions and just not complying with what they wanted him to do. Officer
Park stated it was hard to know what was going on in Mr. mind, and that it
happened very fast. Officer Park stated that in the moment it felt like he was trying to
get away from them.

I asked Officer Park if he remembered attempting a takedown on Mr. or if

he remembered grabbing onto a part of Mr. in an attempt to pull him down to the
ground. Officer Park stated he did not remember that. I asked about how they ended up
on the ground. I asked if Mr. collapsed and fell or what he remembered about that
situation. Officer Park stated that he remembered falling into the building and that he
then remembered going forward over him. Officer Park stated he wasn’t sure if he
pushed off the building or was just trying to stand up. I asked Officer Park if he
considered it a takedown and he stated that he did not conduct a takedown.
23
Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 24 of 29

I asked further about the use of OC Spray and why Officer Park utilized it.
I asked why he used the OC Spray so close to his face. Officer Park stated that he
didn’t want to give him any more space so that Mr. couldn’t continue to resist.
Officer Park then mentioned that he didn’t have space to give him the one foot that was
needed.

I asked Officer Park if he ever told Mr. that he was under arrest, and he
stated that he never told Mr. that. Officer Park could also not remember if anyone
told Mr. that he was under arrest.

I then asked about the initial interaction with Mr. and asked if he ever felt
physically threatened. Officer Park stated that was one reason he moved to the other
side of Officer was when Mr. kept standing closer. I commented that
this would put Mr. closer to Officer who was writing the ticket. This
would not be a good position for Officer Park if he was truly trying to cover Officer
while he was writing the ticket. Officer Park mentioned that was a good point.

Officer Park stated that is hindsight maybe Officer should have written
the ticket in his vehicle.

I then asked Officer Park if there was anything that I hadn’t asked that he would
like to speak to, or anything he would like to add. Officer Park stated that he had nothing
further to say. No one else in the room had any questions.

SUMMARY AND CONCLUSION

Internal Affairs received a complaint regarding the interaction between Officer

Kevin Park and Mr. that occurred on August 29, 2021. According to the
complaint Mr. was contacted on Petty Offense Trespass charges, and after he
provided identification, he refused to accept the citation.

Mr. was informed that a warrant could be issued for his arrest, and he
continued to refuse the citation. In the complaint it stated that Mr. was charged by
Officer Park – forcing him to retreat backwards. Officer Park then aggressively shoved
the citation into Mr. chest and then grabbed his jacket and shoved Mr. to
the pavement without any provocation. Officer Park also applied mace (Oleoresin
Capsicum spray) to Mr. face and eyes. According to the complaint letter Mr.
suffered scrapes, bruises, and burns to his face from the OC. The complaint
alleged excessive and unnecessary force and the impact of the behavior on the rights
and safety of the Fort Collins Community.

Internal Affairs evaluated the body worn camera footage, officer reports and
interviews, to include an interview with a defensive tactics lead instructor, in evaluating
the case.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 25 of 29

Internal Affairs first evaluated the beginning of the contact with Mr.

According to Officers and they contacted two males at College

and Mountain Ave near the gyro stand. The males were pointed out to them by an
informant who alleged that they were trespassing on rooftops at Brothers Bar. Upon
contacting the suspects, and both males were intoxicated and
verbally resistive with the officers. Both suspects refused to initially provide identification
and appeared to be intoxicated.

Officer who was talking with Mr. was able to develop enough
information from the informant to cite both with Third Degree Trespass. Officer
began writing Mr. a citation for that charge. Third Degree Trespass is a Petty
Offense in County Court and a Misdemeanor in Municipal Court.

Officer Park arrived on the scene just as the decision was being made to cite the
suspects. Officer Park gave Officer his ticket book and walked with him away
from the crowd so that a ticket could be written for Mr.

As they moved away, Mr. approached and attempted to speak with Officer
Park, asking what was going on. Officer Park told Mr. to stand back and that he
would assist him after they were done. Mr. attempted several times to get Officer
Park to interact with him, and Officer Park turned away from Mr. and ignored his
requests. Mr. appeared to become upset by Officer Park’s actions and became
very verbally abusive, at one point telling Officer Park that he had no balls. Officer Park
told Mr. a few more times to back up, and Mr. did comply with the requests.

According to Officer Park he was unaware that Mr. was involved in the
case, and that Officer was writing Mr. the citation. Officer Park stated in
his interview that he thought Mr. was just someone from the food stand
attempting to ask what the police were up to, and that is why he kept the interaction so
short and refused to speak with Mr. I asked Officer Park if he would have
interacted more with Mr. had he been aware he was the one being issued the
citation, and Officer Park stated, probably.

If Officer Park had been more willing to speak with Mr. Internal Affairs
believes that more compliance and willingness from Mr. could have been gained.
When Officer asked for Mr. phone number he refused to provide it, Mr.
was also verbally uncooperative when Officer attempted to serve the
citation. Internal Affairs believes that Mr. was upset over the way he felt he had
been treated by Officer Park and that there was an opportunity that was missed to
develop a much better interaction.

Although Officer Park was unaware that Mr. was directly involved, it is not
out of the question or unsafe for a cover officer to interact with citizens that approach
and ask questions. Officer Park, through his behavior and actions, caused a poor
interaction to develop between officers and Mr. Officer Park admitted in his
interview that in moving away from Mr. he placed Mr. closer to the officer
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 26 of 29

that he was supposed to be covering. Not only did Officer Park fail to interact with a
citizen in a positive manner, he also did not do a good job of providing cover for the
other officer like he was supposed to.

The summons for Mr. was completed and Officer had a copy of
the summons and Mr. Identification in his hand. Officer who is a much
newer officer, admitted in his interview that he had never had anyone refuse to accept a
summons. Officer was unsure if Mr. needed to be detained, or what
other steps could be taken.

Before Officer was able to take a course of action, Officer Park

decided to attempt to hand Mr. his copy of the summons. In talking with Officer
Park, he stated that in the past he had been successful in just handing a summons to
someone who had refused to accept it, including putting the summons in a person’s
pocket. Officer Park stated that the person would normally take it from him, and then
even if they ripped it up or threw it away, he would consider that they had been served.

Internal Affairs evaluated the use of force:

When Internal Affairs asked Officer Park to explain his decision to go hands on
with Mr. he made the statement that Mr. was not free to leave. Officer Park
stated that after not taking the summons Mr. pushed his hand away and
appeared to be about to run away. Officer Park stated that was why he went hands on.
When talking to Officer Park he didn’t seem to remember that he had grabbed Mr.
by his jacket and pulled him hard back towards him.

In speaking with Officer Internal Affairs asked if he had at any time

explained to Mr. that he was not free to leave based on the fact he was a suspect
in an investigation. Officer stated that at no time did he tell Mr. that he
was not free to leave. The citation had been completed, Mr. had already been
identified, and officers had his identification.

Officers were in possession of Mr. identification, and a summons had

already been completed, and the charges were minor. Mr. was not a threat to
Officer Park or anyone else requiring that he continue to be detained in any way.

The body worn camera footage from Officer clearly showed that
Officer Kevin Park attempted to hand Mr. the ticket, and Mr. backed away
from Officer Park with both hands in the air. Officer Park did not stop but made the
decision to pursue Mr. as he walked backwards causing Mr. to back into
the First Bank building.

When Mr. continued to attempt to get away from Officer Park it is clear in
Officer body worn camera footage at 14:18 that Mr. turned away from
Officer Park and does attempt to brush his hand away that is holding the citation. In
watching the video this did not appear to have been done in an attempt to assault the

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 27 of 29

officer but appeared to be incidental contact as Mr. continued to attempt to get

away from Officer Park’s efforts to hand him the citation.

Seconds later, Officer Park can clearly be seen grabbing onto Mr. jacket
and pulling Mr. the opposite direction, causing Mr. to lose his balance and
almost fall to the ground. Officer Park does not inform Mr. to stop, or that he is
under arrest before grabbing onto Mr. Once he grabbed onto Mr. it
appeared that Mr. continued to attempt to get away from Officer Park before
being taken down to the ground. This can be seen in Officer body worn camera
footage ( at 14:24, where Officer Park can be seen holding onto Mr.
jacket, but you can see that Officer Park has his other hand on the back of Mr.
neck. Mr. can then be seen being pushed towards the ground.

Once on the ground Mr. became upset, and then refused to cooperate
with police and began to physically resist their efforts to take him into custody. Those
actions result in Officer Park then using OC spray to resolve the resistance and place
Mr. into custody.

Officers had the opportunity and availability of other tactics to issue the summons
to Mr. The summons and ID could have been placed on the ground for him to
pick up, or his ID could have been logged into safekeeping. More conversation should
have been attempted. Once the summons was completed Mr. was free to leave,
and no use of force was authorized.

Internal Affairs also considered Fort Collins Police Services Policies as they
relate to use of physical force.

Fort Collins Police Services Policy 300 – Response to Resistance, Section 300.3
Use of Physical Force states that (a) Officers must apply nonviolent means, when
possible, before resorting to the use of physical force.

Internal Affairs does not believe that all the available non–violent means had
been attempted prior to the use of force.

Fort Collins Policy 300.5: Factors used to determine the reasonableness of

physical force and deadly physical force states that there are several factors that should
be considered before using physical force on a subject. They include:
(a) The availability and effectiveness of nonviolent means.
(b) Immediacy and severity of the threat to innocent people and officers.
(c) The conduct of the subject, as reasonably perceived by the officer at the time.
(i) The seriousness of the suspected offense or reason for contact with the
individual.
(m) The risk and reasonable foreseeable consequences of escape.

There are several other factors that can be considered. The facts show that Mr.
was contacted appropriately by Fort Collins Police as a suspect in a trespass
case. Although he was verbally uncooperative at times, he did provide his identification
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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 28 of 29

to police. An opportunity was potentially lost by not engaging with Mr. when he
approached officers with questions. A citation was completed, and Mr. refused to
accept the citation. Officer Park chose to attempt to hand Mr. the summons and
then pursued him, in an attempt to force the summons on Mr. Mr.
responded to this action by retreating backwards. Mr. continued to attempt to
retreat and was never informed he was not free to leave. Officer Park chose to use
physical force on Mr. grabbing him by the jacket, then taking him to the ground
and applying OC spray when Mr. became resistive to officers on the ground.

1. Expectations of Conduct, Policy 340.3 Conduct that May Result in Discipline

• (m) Use of unnecessary force in the performance of duty or the mental or
physical abuse of any person in custody.

Officer Park arrived to assist officers while they were completing their investigation
into a Third-Degree Trespass case. Officer Park covered Officer while he wrote
Mr. a ticket. Officer Park refused to interact with Mr. when he walked up with
questions. Regardless of whether or not Officer Park was aware of the fact that Mr.
was involved or not doesn’t matter, Officer Park could have answered, or at the very least
interacted with Mr. even if he didn’t have all of the answers.

I believe that Officer Park could have found alternate means to issue the summons
and should have recognized that Mr. had already been identified. The citation was
for a low-level offense and there was no harm in allowing Mr. to leave the area. By
using physical force when it was not necessary it shines a negative light on police
interactions with the public. The public trusts officers to make good decisions and
judgement as to when to use physical force and to know when it is necessary and when
it can be avoided.

2. Expectations of Conduct, Policy 340.3 Conduct that May Result in Discipline

• (r) Any conduct by an employee on or off-duty that tends to impair the
effectiveness, efficiency, or morale of the Agency, may cause the public to
lose confidence in the police department, violates the public trust or
negatively affects the reputation of the Agency or any employee.

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Case No. 1:23-cv-02187-KAS Document 1-3 filed 08/27/23 USDC Colorado pg 29 of 29

Lieutenant Sara Lynd

Fort Collins Police Services

FINAL FINDINGS:

1. Expectations of Conduct, Policy 340.3 Conduct that May Result in Discipline

(m) Use of unnecessary force in the performance of duty or the mental or physical abuse
of any person in custody. FINDING: Exonerated

2. Expectations of Conduct, Policy 340.3 Conduct that May Result in Discipline

(r) Any conduct by an employee on or off-duty that tends to impair the effectiveness,
efficiency, or morale of the Agency, may cause the public to lose confidence in the police
department, violates the public trust or negatively affects the reputation of the Agency or
any employee. FINDING: Exonerated

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