An Adams County grand jury has indicted four Westminster police officers on criminal charges in connection with an August police-brutality complaint.
“It’s a very unusual case in the sense that police officers are the witnesses,” said David Lane, attorney for Scott Danielson, 41, of Broomfield, who was struck repeatedly in the shoulders and scratched in the face after a hit- and-run chase. Federal Heights officers witnessed the incident and reported it.
Former Westminster Sgt. Mark Toth and officers Norman Haubert and Jason Poppenger were indicted late Monday on charges of third-degree assault, official misconduct and filing a false report. Officer Chris Pyler was charged with misconduct and filing a false report, said Thomas Quammen, spokesman for District Attorney Don Quick.
If convicted of any of the charges, the officers would lose state police officer certification, said Westminster Police Chief Dan Montgomery. Criminal penalties could also apply.
The department already fired Toth, a former sergeant and commander of the Special Crimes Attack Team, Quammen said, and disciplined the others, two of whom also were members of the unit. Additionally, five other Westminster officers, who were not named by police, were disciplined after they failed to stop pursuing Danielson once a supervisor called off the chase, Montgomery said.
The department suspended five police officers without pay for one week and one officer for two weeks and reprimanded two other officers, spokesman Tim Read said. Two of the officers were removed from the Special Crimes Attack Team.
“I’m so embarrassed over this,” Montgomery said. “They let us and the community down. We won’t tolerate that kind of conduct.”
The four indicted police officers could not be reached for comment.
“These are all good officers,” said Louis Engleberg, president of the Fraternal Order of Police State Lodge 25. “It’s a trying day for all of us.”
He said the organization would pay for their legal representation.
The nine Westminster police officers in question were all involved in a car chase that began about 4 p.m. Aug. 27 in Broomfield after Danielson allegedly drove his red Toyota Corolla into another vehicle and sped away.
Broomfield officers lost track of Danielson as he drove into Westminster, Montgomery said. The SCAT members and five other Westminster officers continued chasing him even after a sergeant called off the chase, he said.
The officers claimed they were no longer chasing Danielson but only following him at the speed limit.
But it’s a distinction without merit, the chief said. Department policy dictates that after a chase is called off, officers stop following at all, he said. Such decisions are made because high-speed police chases can be dangerous, he said.
“You’ve got a case here of adrenaline overload,” Montgomery said.
Danielson pulled over at West 90th Avenue just east of Federal Boulevard. With officers training their guns on him, Danielson got out of the car and down on his stomach with his arms extended, Montgomery said. But then he tucked his hands underneath him. Witnesses said it appeared to be an act of passive resistance, he said.
But the officers later claimed they believed Danielson was reaching for a weapon. The officers started hitting Danielson on the shoulders in an attempt to get his arms out in front, Montgomery said.
“These guys just wanted to beat this guy up, so they did,” Lane said.
Two Federal Heights officers reported the alleged misconduct to Montgomery, who referred the case for investigation to the Adams County Critical Incident Team.
After the criminal investigation was completed, the case was referred to Quick’s office.
Danielson has been charged with vehicular eluding, driving under the influence, leaving the scene of an accident and resisting arrest.
It’s not the first time he has faced problems with drinking and driving.
In August 2003, he pleaded guilty in Adams County Court to driving while ability impaired, according to Colorado court records. He was put on probation for one year.
In March 2004, Danielson pleaded guilty in Adams County District Court to driving under restraint, eluding a police officer and reckless driving. He was sentenced to five days in jail and given one year of probation.
In both those cases, Westminster police made the arrests.
On Oct. 12, the Colorado Public Defender’s Office filed a motion with the Broomfield District Court to dismiss the charges from the August incident based on “outrageous police misconduct.”
A motions hearing is scheduled for Dec. 9.
Officials from the Federal Heights Police Department on Tuesday referred all comment to Quick.
“This is very rare,” Montgomery said of the officers’ reporting excessive force. “But the bottom line is they did the right thing.”
Staff writer Kirk Mitchell can be reached at 303-820-1206 or kmitchell@denverpost.com.
Police indictments
July 1977: Denver officer David
Neil is indicted on manslaughter
charges and acquitted at trial after
two men are killed by police in
Curtis Park. Officers shot James
Hinojos after, they said, he pointed
a gun at them, and Arthur Espinoza
after he allegedly reached
for a gun. Police found a gun on
Hinojos but not on Espinoza.
January 1986: A grand jury investigates
allegations that Denver
officer Steve Rickard steered
business to his towing company
through off-duty security work
at Tamarac Square Shopping
Center. He is indicted four
months later, but a Denver judge
dismisses the indictment.
September 1992: A grand jury
indicts Denver officer Michael
Blake on a charge of second-degree
murder, but he is acquitted
at trial. Blake had chased Steven
Gant, a domestic-violence suspect.
Blake said he shot Gant after
he reached for a gun.
February 2004: Denver officer
Damon Deshawn Finley is indicted
by a federal grand jury of lying
to the FBI about conspiring to
tamper with evidence in a drug
case in exchange for money. He
pleads guilty and gets probation.
Compiled by Barbara Hudson, Denver Post staff librarian
