DENVER—A divided Colorado Supreme Court ruled Monday that confessions allegedly made by a suspect after police broke bones in his face, pushed him to the ground and beat him with a baton cannot be used at trial.
The 4-3 opinion found the police actions were “wholly disproportionate” to the circumstance surrounding attempts to question Clovis Vigil about a possible drug deal in Walsenburg in July 2009.
Small bags of cocaine found by the arresting officers were also thrown out as evidence.
Justice Nathan Coats strongly disagreed with the majority ruling, saying Vigil failed to comply with a lawful order to stop and became disorderly. Two other justices also disagreed, saying the alleged confessions should be thrown out but not the cocaine.
Court documents indicate police stopped Vigil after an off-duty deputy saw him at a store parking lot with other people known to deal drugs. When a police officer tried to question Vigil, the suspect became agitated, used profanities and began flailing his arms, the documents state.
The officer said he ordered Vigil to place his hands on the hood of the police car to ensure police safety, but Vigil instead turned to leave.
The officer told Vigil he was under arrest for disorderly conduct as a second officer arrived.
When Vigil shrugged off an officer’s attempt to grab him, the officer struck him in the face with a martial arts blow sending Vigil to his knees, the documents state.
The second officer tried to spray Vigil’s face with chemical repellent and struck him in the back and buttocks with a baton.
Both officers forced him to the ground and started to handcuff him when Vigil said: “Alright, alright, I’ll give you the (expletive). It’s in my left front pocket,” according to the documents.
The court ruled that Vigil confessed because he feared the police would use further force.
After spending six hours at a hospital for broken bones, bruises and cuts on his face, Vigil was released to the same officers who arrested him. He allegedly confessed again.
The Supreme Court agreed with a lower court ruling and threw out both alleged confessions and the cocaine evidence because it all stemmed from “unreasonable and unnecessary” police actions during an unlawful arrest.
In his dissent, Coats wrote: “By becoming agitated, swearing, and flailing his arms, the officers has probable cause to arrest him for disorderly conduct.”
