An attorney for three Westminster police officers facing career-jeopardizing police- brutality charges predicted each of them would be acquitted at trial.
“Absolutely, they have a strong case,” said David Osborne, attorney for Sgt. Mark Toth, Norman Haubert and Jason Poppenger.
The three police officers were indicted by an Adams County grand jury Monday on charges of third-degree assault, official misconduct and filing a false report.
Officer Chris Pyler was also charged with misconduct and filing a false report, according to District Attorney Don Quick’s office.
“These officers do look forward to being exonerated by a jury of their peers on all charges,” Osborne said.
He said that when the cases go to trial, his law firm will represent Haubert and other lawyers will represent the other defendants to avoid a conflict of interest. The officers will be advised of the criminal charges on Dec. 19, Osborne said.
Federal Heights police Lt. Don Vallero and officer Jon Hess reported what they considered to be excessive force by the Westminster officers following the arrest of Scott Danielson, 41, on Aug. 27.
The Westminster officers claimed they believed Danielson was reaching for a weapon underneath him when they repeatedly struck him on the shoulders following a hit-and-run car chase, Westminster Police Chief Dan Montgomery has said.
“The law allows a reasonable amount of force in dangerous circumstances,” Osborne said.
Danielson’s attorney, David Lane, has said the officers were angry and just wanted to beat up Danielson.
The department has already fired Toth, a former sergeant and commander of the Special Crimes Attack Team, and disciplined the other three, two of whom also were members of the elite unit.
Osborne predicted the case would go to trial in part because the officers’ careers are on the line. If convicted of any of the charges, the officers would lose state certification.
The Fraternal Order of Police State Lodge 25 is covering attorney’s fees for the officers.
Danielson has been charged with vehicular eluding, driving under the influence, leaving the scene of an accident and resisting arrest.
