Denver residents have rights that protect them from police misconduct, whether it be verbal or physical.
In October 2021, a judge in the Denver area ordered the release of camera footage of an incident in which an officer used a chokehold during an arrest. The officer was then arrested and charged with second-degree assault. A Weld County District Judge blocked the release of footage after the argument was made to limit the release of the footage, as it may affect the objectivity of a jury in a trial.
Colorado Law requires all body camera footage from an officer to be released within 21 days if a complaint is filed. This ruling allows for prosecutors, officers, and police departments to request delays when criminal cases are pending. The State of Colorado also bans the use of chokeholds by professional law enforcement.
The officer was placed on administrative leave without pay and was arraigned in late October 2021. A Colorado attorney for the Reports Committee for Freedom of the Press, argued the footage block, stating that the State of Colorado will benefit from the video release.
The officer accepted a plea deal on August 2, 2022. He pleaded guilty to a misdemeanor count of reckless endangerment and was sentenced to 12 months probation.
What happens if the footage of your incident gets blocked from release?
Unfortunately, police misconduct is still a prominent issue in the State of Colorado. Even with laws and legislation, police officers still find ways to act unprofessionally to many civilians that they swear to protect and serve. If you or anyone you know has been in the middle of an incident of police misconduct, and the footage is not released, you should do the following:
- Remain calm and collected during the incident.
- Follow the directions of the officer
- If arrested, refuse to speak until a lawyer is appointed to you
- Document the incident with your smartphone
- Request the officer’s badge number
- File a complaint to the police department
- Contact a Police Misconduct Attorney.
Denver residents have rights that protect them from police misconduct, whether it be verbal or physical. Police brutality can occur at almost any police interaction for many reasons not including the civilian’s fault. Police officers are often distressed, anxious, irritable, and angry.
The nature of the job leaves them to take their anger out on innocent people who are just trying to live their lives. Anyone who has been a victim or witness to misconduct at the hands of an office should seek medical care immediately along with obtaining evidence that will help your case.
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Our expert team at Bryan & Terrill Law, PLLC is ready to serve you and fight for the peace of mind you deserve! Our team performs on a case-by-case basis so our defense will be customized to your needs. We work tirelessly to protect your rights from police misconduct, and we are not afraid to take on challenges head-on. Get connected with our Colorado-based firm so we can start your defense!