NN WESTMINSTER Westminster Police Department Personnel investigation Review =a) Findings: Trace Yor, No orineonchaaive Were he erployee’s actors lv? Were tho saployee's actions appropdatlo tens of ly endlor department! policies and procedures? Bitte smloye use sud just? in ire dope tinting pots ad procedures, expe? — epee ane ‘orrent Assignment] Palcesmccetnes | Jodgnant [Dajan Fal apaat ee Buch Patel yt Ww ‘ConmantsRecernendatons: “Ate raviwo! te conteis of is investigation Ihave concluded that Sergeant Buckner made a comment to Mi Brandt hat he heukd not have made. tative Buchner comemant was a dvct est ofa crite treat mad o Sergeant Buckner by Nr. Brand tht beng, fof {he seguant amity and harm then this and othe inition with Me Brant SergeankBucinor shes have known the prepenelyof ta Bead te push the ght bution with our rployoes to gol them eat. Trouhout tha cortct, kis obvious tha Mr, Brandt was searching fr sueh a button with Sargeant Buckner, He tnded on K when aking about Buckner fy. Akhough the apace words, their Implied meaning, and whither or net thy wore ambled by ator Braet or Serguant Buckner, ae not known ti ler that Buckner Cloaty related what he would do should his fry been treatenes. Again elev hove commen technically veatng the Code of Ehtes uteri response lo adtvct an eredibe tres lear that Mr. Brandt new he aseceededIn pushing the ht buton when Sergeant ‘uckratractad with his comments Tie ear om Ne. Branet’s reaction ashe smiled and flpped of Sergeant Buckoer, | undactend Commander Berens concern with Sergnant Buck inating the orginal cenactn the park. Much cou have buen avoigng tn inating 83eh contact, however, Secgean Buchner clearly arculatss the mun: vielatlons that he belleved were oreielng, Whathor the lta cherge of Paks Villon I utieaely uphold or threw out wl be deletion bythe court Ibelive Sergeant Buckner acted on what he thous tobe alginate velaton of ty odinances, Sergnnt Buckner fob counseled for Inaperooltly respensig to what was cleat an antagonlss tempt by @ przonkrown for suck conduct He should hnow what is "buon is end be conscious of when tia balng pushed. Thiele miigatd, in my mind, a cur cum facols oe sneresnnel and our natura estonia to clealy react ina way to protest them, This is parlor tru wit Sergeant Buckner 9s ‘one of bis clos taryrnamars that be ives withls special needs nd may be paral wunerbie, ‘Buckner ito be counseleg a8 this behavior and a note places inhi le by Commander Wilson.pon aoa a iapdate In tr of ely andlor dopateenial plloies and procedures? at tatrmn taining, poltes and procedures or supervision aaRaTe | Carontastgnment | Law ] PoteleelProredure [Judgment] Pypartnent Fare Saran Tin Buckner —_—_| PIT Ye es ¥ 10" ‘CommentsiRecommendations: ‘ter reviewing this Investigation R pears thal Sergeent Buckner ofghaly contacted Mt Brandk on 2 sight ae ee viited contact and that tare were no clizens reporing thelr disatsfaiion wih Mi. Brand's a oe me, Athough in my oprion Ni. Brandt's behavior possibly (7) Volates WMC Parks Violation 15- ‘threatening, abusive, insulting or indecent language, oF (n any dlsorderly conduct or behavior tonding toa breach ofthe publ peace and enjoyment of the facility) Its borderline freedom of speech, | do not ntond to insinuate officrs not ike acon | turn a bind eye when they observe velaons however | 2e.ne ie Sergeant Buckner could have Ignored Mr. Grands behavior due othe fact tat thre were no cizon tit ra athe Uma | eliza thal the pole department has received numerous comin on Mr. Brendts compen at qolatos to hi protet signs however every contect our officers have had wih him when he is 2 rein verbal abusive tage against ofcers. As a Commender | would expect thal our officers ad eral a Senor Sergeant woul know tat tis typeof contact wou rea ns very negave sponse Som cea a srarvisors have tol officrs Louse the best discretion with Mr. Brandt ax itrelates to his signs en ec cachos he pulls peace wih cfizens confronting hin. question Secgeant Buckner desecration? teeter wn te nal contac. kis my open thal Sergpart Buckner shoud have known the ikethood of is nial resulting ina Wade from Mr Brandt. (For wnat purpore”) | understand Sergeant Buckne’s response to Mr. Brand's teats towards him and his tamly. Al lines We 03 cadets ora a verbally abused by cltzens and especially Mr. Scand, Wo protect citizens freedom cf speech Foneaver because of eur profestion we are scrutized on our responses /Freadom of epeecti? Unda’ (he coevetances | do not have a problem with Sergeant Buckner verbal response 'o Mr. Brandt's threats towseds fitz and hs famly, Out femtles ere off mils and when they are threatened tls my belie thal offenrs seule Fepand in. ver stam manner (verbaly) thal ou felis ere ff mits and we wil do anything wit corso reepet thea tn vodsy’s computer technology end date bates anyone ean find cu heme adress wih ite efor. 1 ote mes elhough rare we may need io stoop to he etzene vocabulary and respond aocressivey and ae ins profentyto rake a poh thal they are crossing the Ine. donot balave that Sergeant Buckner ar tee should be considered a Vclalion of our Code of Ethic or Ruas of Conduct especialy since this cd ‘not occur in public. ane t snccrtnnd His stom response. | have mare ofa concern with the ial conact, tis unfortunate fet Wr Creat eid not petipate in his Investgelon which would have been helpful. We are ory able (o hear Sergeant Brandt 7a version oft incident. |recornmerd thet Sergeant Buckner receive verbal counseling reference uelng aes omen especialy when hero s @ lng Mistry wih Nr. Brandt and in my opinion the outcome otis rare aeerct was very predictable, | also would recommend that this incident be documented In ow Early Warning System.A WESTMINSTER Cicscvered Westminster Police Department Personnel Investigation Review [amore Findings Tecate Yes, Woo Pere tha employee's ations Ln? ‘Were tne ampio yes acitons appropri interme of ly andlor daparimentl policies and procedes? athe employee use sound jucgrent? 30 allure training, plicles and poced vision? | serra Sane a | Tame See amen | Lawl | PoliesProcedres | vadgment | Dapiment Fai | Sergeant Ten Buckner —_| Fatror =I ves WO TO CommontsiRecommendation’ —_— +} | have reviewed Inlerna Investigation File 2014-11. 1 was aware that Mr. Brand was arrested because | was the watch commander on duty the day this ocourred, October $1, 2014. snreviening the mater nthe le the ony reference by Mr, Brandt to what Sergeant Buckner seit Hot the Gay Gourel transept. Thor Mr. Gran ei, "Sergeant Buckner fold me some peowie HN follow the rules. Gly Coun ron rot you up tonight and break every fucking finger on your hand” Mr, Brandl was no, dont, Tm gone enough he repeatedly sold he would fle writon slatemert, none ess In the Be, te Sa, ilorviowe a jon Jerre Mt whal Me-Bran has to say. We are also unable to question Me Brandt ‘about the exchange. Inceviewing ihe supplemental ror wen by Secgeat Buckner and the Personnel InvestGalen Interview {nce VCommande Lester {noe some mconlsencles. Whie the iniariew decusses Me, Brandt cor als to Sergeant uckner and his fay, to supplamental report doesnt deta that comversation. “Those are facts | would have thought important to inelude in the report, Sergeant Buckner said n is interview that he id tell Me. Brand, “ri you get Poe fomly break more estas your finger, leave my fai alone’ Also in re inte is areference to Sergeant Buckner saying he Goean't play by the rules when someone Is messing with his fay. it eppoar toe that Mr, Branls commentato eouncl are approximalaly accurate, Wil rol Included is the lteppeare ich Sorgeant Buckner’s comments occur or wha Mr. Brandt admis fo or does, ‘though Sergeant Buckner could have said hing differant | doit faith for meking ear Mr. Brandt that if he got near Jims familly, he would do more than break his finger. ‘ignatary ane Date RaoaTred Date Reviewed Ch Le KAZE _| Commander | 129-14 fateta pores)AX WESTMINSTER Westminster Police Department Personnel investigation Reviow Taper Fore Finding: eden Yes, No or reonctaaie 7 Myre the erploye'saclons atu? _ Mite ethers ations anpropcats itr of cy ancler departmental polis and procedures? “Glthe employee use sound jogment? Pete's capactnenial eilre i airing, policies and procedure, o 2 Enslope name ‘Caneat Assignment | Lowal_[__Pollceabrocedues sae] —peparinenn rotors —| | sia Boziner Pair Yes | Tacensinsive Treenaueis [NO CararaTRecommmoraaone ved nemedlinie ron’ aleatons ol lOve theaelg phn bat Brant nf Ren Mra who Westar ig buctoe ti andl olin ta Sa Buckner esos any emote prean woul, Howes. In org 0 Is posite ‘that Sot Buckner votted pura 1024.3 of Ruten of Conduct. Having 2s tha, and ghventa facthat Sat usher I fear wit Me Brand rand tade and is past Involvernant wit the WPO,1 botleve he may be capable of felling 1 anice, he would have Been well advised to eave th rooms anétrylocain down. Fialy, given Mrs heough enle vost an TA: Hy Rg 77 EFA WESTMINSTER Westminster Police Department Porsonnel Investigation Review oped [Fries Trias Yea, Wo or Reancuaie "Gere te employers setions Inaft? «Were ne emplevees Scone opraprat In wens of hy anclordeparimariapotces and provadies? “id te employee use sound judgment? cae aera cpsrimental afr n raring, polices ond procedures, or supervision? [——Exsiaper ame Taast Kssigemant | tawlal | PolcleProcedu audgnent | _Deparnat Falla en oskner Baio | Me ¥ We ornare anIORE ‘After revening the vestigation noles | beleve thal Ofer Buckner’ actins during is incient wore law and iter ag bw complainant wos requed doe ios cbscene and offensive ianguage ina public plac 1 petove tht Oicer Quokne' slaterent towards the compsainant was unpofesions and was the ns of eset Rat oat tart wanted to provoke fr fis own causes | foal thet areasenabe person woul Perceive he continued threats mage by the complainant could be crectbie. Cheer Buckne's comments could alto be perceived ws athrea, and volte the departments poles 9 procedures. | eet ofcar Sucknets honey the comment that he made, and boliove tat he fat Nae ‘complainants’ threats la ibe. Offlcer Buckner was provoked, and unertunataly fll icin to the complainants gore. {see no rosson to believe that hare was a failure inthe department's training, polcies or suparsion awed { Tas r [= ‘ata RacaTrad oe» Westminster Police Department if Memorandum To: Chief Lee Birk From: ‘Commander David Lester Date: November 12, 2014 Subject: Complaint reference JA 2014-11 On Wednesday, 11/12/14 1 was contacted by Deputy Chief Mike Cressmen pertaining to t statement made by Eric Brandt on 11/10/14 during the Citizen Communications portion ofthe City of Westminster City Council meeting. During Mr. Brant presentation he shade the following statement, “Last week Sgt. Buckner arrested me for my sign, twios in the same day. I was taken to a room with no cameras at the PD were Sgt. Buckner told no and I quote, some people have to follow the rule, I don’t, Tam going to fuck you up tonight and break every fucking finger on your hand” Based on the above statement pertaining to Sgt. Buckner threatening physical harm to Mr. Brandt an Internal Affairs Investigation was initiated.WESTMINSTER POLICE DEPARTMENT Personnel Investigation #2014-11 || 0476 oF incioENT: susie LOCATION OF INGIDENT: Westminster PD 91410 Yates St. NAME OF COMPLAINANT: Chief Lee Bick / Eric Brandt OFFICER INVOLVED: Sgt. Jim Buckner Cmdr. Dave Lester Novembor 13, 2044 December 8, 2014 ‘SYNOPSIS. (On 10/31/14 at appreximetely 1013 hrs while on patcl Sgt Jin Buckner was driving in tho area of the living St. Library, 7282 Irving St. Weetminstor, CO. 80030. Sct, Buckner observed a male inthe park who wolved at him and he waived baek, When the male turned around Sgt. Buckner observed the words “Fuck the Police” wren on the back of the male's Jackel. The male was also holding a sign In his hand with the ‘some wording, Sgt. Buckner contacted the male for violafon of park rules. The male was icentfied as Eric Branét DOB 111971 Mr. Brandt wes asked to leave the park If he wished to display his signs. Brand! refused to leave the park, Brandt was told numerous times that his fare (0 leave the park would result in him being arrested. Ofc. David Acumvo artived on scene and arrested Branet. Brandl demanded that he be issued a ticket at te scene and released. Once in handcuffs Brandt began to yall obscenities at the oficers and yeltna, the fucklng police were arresting him again for no reason. Ofc. Acunto placed Brendt In his patrol car and transported him to the pole department. While soated in the back of the patra car prior to belng transported from the perk to the pollco deparlmant Brandt told Sl. Buckner thal he had made a big mistake and that he (Brandt) was going to get him, sue him and then hut him. When Brandt wao askod ¥ he was threatening a police officer Brandt replied, “I cient threaten you, worry about your whole fami. Brandl continsed to yell obscenities at Sgt. Buckner as he was driven away from the perk [A the pole deperiment Brandt continued to bo verbally bollgrent towards Sot. Buckner. Brandt agala commented tat he was going to kick Sgt. Buckner's ass. Brandt was told that he if he dd not calm down became physical he would be anspored to jt. . Brandt celmed down, but cali to be verbaly bellgerent. Brandi was fingerprinted and photographed by Ofe. Acunto and Ofe. Kely Bare and taken 19 an intaniew room, While inthe interview room Sol. Buckner explained to Brandt the charges on the summons. Brandt once ‘agaln fold Sof. Buckner that he was going to gat him. Brandt was told that if he continued to threaken Sgt. Buckner he would be charged with that crime es well. The charges on the summons were explained io Brendt by Sot. Buckner and he was Issued summons AHO42200. Brandl was taken to the poice department lobby area where he once again began to curse. Several familes with children were In the Icbby so Brandt was asked to step out of the building awey from the familes 20 they would not have to heer his obscentios. Branct cid leave the lobby, \Whils ta front of the police department Brand told Sgt. Buckner that he was going to be ued by David Liane, flipped Sgt. Sucknor tha bird and stated, “Have a good day fat fucking pig. Brandt then walked away,(0n 14/10/14 during a Cty of Westminstor Clty Counel meeting during the Citizen Communications portion ofthe meeting Brand addressed the Council Members. During his presentation portalning to members of the Westminster Police Department harassing the homeless in the cy and continuing to vioiate fis free speech righis Brandt made the folowing statoment, “Last week Sol. Buckner arrested me for my sig, ‘wes in Ihe same day. | was taken to @ room with no cameres at the PD were Soi, Buckner fold me and | ‘Quote, some people have to folow the rules, don't. | am golng t fuck you up tonight and break every fucking finger on your hand’. ‘Based on Mr. Brandt's statement pertaining fo Spl. Buckner’s threatening to physlelly harm him an Inter- ‘al Affairs invesligetion was initiated, Leone INVESTIGATION — Hee ee ee. | ee (On 11/13/14 | reviewed the reports related to the arrest of Mr. Brendt on 10/34/14. | also listened to the taped City of Westminster Cly Counc! audio broadcost ofthe 11/10/14 meeting. (On 11/49/14 | interviewed Sot. Jim Buckner, Sgt. Buckner advised he was the day shit superiser on 40/31/14 and was driving around the Irving SI Library because of problems tho staf have been having. ‘While in te area of the park a male waived et him and he waived bock. When the male turned around he observed the words fuck tho cope tien cn his jacket. Sgt. Buckner had no prior contact with Eric Brandt, but belioved that the male in the park wes Brandt due to the vrtng on hs jacket. Sql. Buckner observed several families and kids in the park and te knew thatthe obscene wording on Brandis jacket was a volalon of park poles. When Sgt. Buckner contacted Brandt he ebserved that he was holding a ign with the camo wording. Branst Immediately demanded he be gWven His scket. Sol. Buckner told Brandi that he just needed to leave so the Kids et the park were not subjected to the obscene language on his Jacket and sign. Brenct refused to leavo and Spl. Buckner then ardared Brandt to leave. Branch sll refveod to leave ad he ves advised that he would be arrested for trespass If he did not leave. Brandt fonee again asked for his feket. Brandt was told that his actions were obstucting Sol. Buckner from faforcing the parks rules and this was en arresiable offense. Sgt Buckno's vohlole dove nol have @ Secured rear area for prisoners 80 he caled for another officer to respond to the park. Orficer Acunto was epatched to tho perk to asst Sgt. Buckner. Branct was placed in handouts and putin the back of Ofc ‘Rcurto's patrol vahcle. Prior to belng seated in the back ofthe petrol vehicle Brandt bogan to yel fat they \were violating his consiftional rights. Ofe. Acunto wes asked to take Brand tothe police department and book hin. Sgt. Bucks told Ofe. Acunto that he would respond tothe police department to Issue Brandt fis eummone. Sgt. Buckner tried lo get Brandt to calm down before he lef by asking him what he wanted. Brandt was yelling fucking pig and fet ass at Sgt. Buokner, Sql. Buskror was not gating excited by what Brendt was saying which appeared to make Brandl more upset. Brandt advised that he Ned frends tn Cty Counell end is attorney was David Lane. He continued by saying he was going 'o get Sal. Buchner and fal the cops. Brandt then added he was also golg to get Sql. Buckner’s family and everyone he knows, ‘So. Buckner sated he didnot toke any of Brandt's threats at thal ime seriauly. "He was just on one of fia trades". Brandt was taken tothe palice department by Ole. Acunto. Sgt. Buckner also responded to police department. ‘Sat Buokner asked Ofo, Acunto to process Brandt and let him know when he was finished. Brandt was fingerprinted ané photogrophed by Ofe, Acunto and Ofc. Kelly Baro who then notified SX. Buckner that ‘Brandt was ready to be Issued his summons. Sol. Buckner asked that Brandt be placed in an interview room 60 he could be Issued his summons. Brendl was placed In an Interview room by roport writing by fe, Acunte. Brandt was placed Inthe glass door mide intoriew room. When Sgt. Buckner entered the oom he noliced that Brand was fling out a statement form. Brandl was asked some personal {aformation for the summons, Brandt then began to ask Sgt. Buckner questions about the summons whieh Sql. Buckner tid to explain. Brandt waa advised of his court dale ord Granck began to scroam at ‘Sgl Buckner. Brandl was lod thal he would be released on a summons, but if he aid not cai down he ‘would be going fo Jal, Branct calmed down and the summons wes oxplained to him. Brandt then became ‘Upset again when Sek. Buckner would nol take his stalement. Brandt began to yol that Sg. Buckner was a fat fucking pig, he has a fiend on City Council, David Lana is hie ettorney and we are all golng to pay for «this, Sgt Buckner ignored Brands comments end completed tha summons, Brandt then staled ho was ‘going get Sol. Buckner, his whole family, he would find out who Sgt Buckner was and where he tivod. Brandt told Sol. Buckner that he had Just done something he was golng fo regrel. Sol. Buckner then asked if Brand wes threatening his family. Brandt sald something Fike, you heard what | sald, 's going to 2hhoppen. Sot pucknee tld Brend! that he can do what be wants to nin, but dor twealon Wie Sool, happen, Sat, Suchoe’ et ehal,emfed ard fgped Sot. Buckne off. St Buckner [cle Benet at ithe ar hu wel rea mre ran te fog, leave my fant done, rant os Peete at Sot. Buckner. Sgt. Buckner tld Bend! thal he was not kidding eround, stay away from his family. oa Sot. Baer thal ho 00 play byte ues, whch Sig Beles epted when sous fami Sap ry ay, no. Brandl was ieues Nis surmone and walked Gown abby, Ofc, Acunto a LG Bucknoc ad tl hi tal they a had sore of Brandt's prope. Se ‘Buckner had Brandt have 8 seat nthe police department iobky. ‘Ceveral families and kids wero also in the lobby. Brandt Brandl nave ose frond a Bucker coud te ho alter peopein haley ware neers sae tras saxed (0 step ouside. Once oubside, Brandt once again 0K Set Buckner how he was in to Brandt was sted on Gy Covnel and his atomey was David Lane. Grandt was ches Ms CoESY fand told he could leave. Al that point Brandt stood Up ond extendod his mide finger at Sgt. Buckner. 4 nd fe ane to Eran vat he jt ct rk of We aribn ue ee Sat, Burne Fr oe of Ye fama wonlod to signa complaint he coud be cheraed: ret ‘apologized cor She would avo. Grad then lf the area, Sat Buckner di rot have ery funher ‘contact with Brendt. Sol, Buckner ac thet no one ole wat nthe interview reom when he Issued Brandt fis summons and he believes the door to the interview room was closed. Sgt. Buckner concluded by seyng that he fret time Brandt made a hres towards him he tock tas one of Sgt Bucket core 4 Ui wos toatoned nthe eerie room Brand wes very eso ve he Wis trades, The teore giana lel. Sa. Buckner row hash neighbors watcing hi Pause, beerse {a nat esa K past Brand o show vp at his home. Sc. Buckner lives vn He two kid's, cna who Is soe oats, Sg Buokerboleves that Brandt tveais agen is far oe cate Dee special neds, Gat ats toercs fin bu he does toward his Hs. Spl. Buckner ended by Sovng 1 oe gone from hoding sign to actual throating officers anc thelr fomiien, ‘Adglttonal follow up with Sot. Buckner. con 41/1714 | contacted 8g. Buckner by phone to esk i he had tld Brandl tha the inet ae aid on rrr fecordng cepablites, Spt. Buckner avid Int he never Nad any converse with Brandt net ba egavroore recording capable. Grand id meron vein the booking oe the booking abou the Ilene rod vovause of the signs nthe room, Get Bucknet sald thal Brand, Nes, tea yas mjepus umes ands asked for cols of ho recarcngs pertain 1 Nie eee, Brandt may fhave been told thatthe interview rooms In report wrt ing ore not recorded during one of those requests. ‘On 11/20/14 | Interviewed Orficer David Acunio. ‘Officer Acunto reviewed his report and confirmed the On rafal | eng is inaracon wih Brandt on AO/3/T4 (Acunio's, rar Wied wise the informon eG ors lab). Ofe. Acuna did nol remember, ary epec treats made Dy Scio towards Sgt. Buckner. re reinto added he did recall that Brandt was yeling fe was going to sue both towards Sot Oot ah had ance en iy Cou Ns atrey wae Devil Lan and a os fe or So anguage. Of, Acuna dd noe the spectic comments made towards ny Hoe in his a rt poy attanton to what Bancl was saying fo So Buckner, Wha rareboe Brandt to (ee since department Ofe. Acunto took his eal phene oo ane rete he ae recording what Brandt be pale Caper calmed dow ang made comments abt how Oe, Acuno rovghad oP hse Was S07 Bra pad ced tho Mayer Once he wa rermved fom the pal ca ang piconet waned 1 fc Yee oly pot aed booting area he ence aan Dagan to aye and Uk oho haldng roa Pen ee Hs aorney, Of. Acvrio and Orc. Key Bare lngarprintd ond prooaieies Wend on ly Counc ion irterdew ram to complete a satemeat form and to be sued Nis Srammone. Brandt was taken tothe interview room by Of K Bore. ‘ote. Acunto was nat present when Sol. Buckner issued Brandt His eummone., Oe, Acunto did ad that te, AcumG Waner wes wating Stand ut ote lobby he ha tego back ato the booking bea lo retrieve ra ope Ofc. AcuTto had no futher Information to ad8to Us avestigaion- on {214/14 | nlrvewed OF. Kely Bare. Ofc. K Bere was working day shit on 103116 ate te assigned Or Aa etal to ly which was nro Brandl was coniacied and subsequerly erase, fe. K 1 re er Ee craccl wes arrested her asignad area by Ofc, Aailo end tansporee 0 Be police oar iret, Ole K. Bae was nok present cng the eros, but added I was her Dette responded {b the police department to assist in bocking Brandt. Ofc. K Bare has had contect wth Brandt In the past 3‘ond he seeme to respond positively 1o her and she though her presence woud help calm Brandi down. fo. K. Bare sssisted In fingerprinting and processing Branct In tho booking oreo. Brandi was very ‘respectful lowerds Ofe. K. Bore and she did not have any problems during the booking process. Ofe. K. Bare stated thal when Brandt was in one of the hokding cols he was yelling and ranting things like, “fucking pigs” and “you fuckers". Ofc. K. Bare slated she did nct pay much atiention to what Brandt was yelling, Brandt was processed and taken to an Interview room by repor! writing. Sot. Buckner had asked that Brandt be taken to an inierview room after he had been processed, Brand was left in the Interview room by himself and Ofc, K. Bare was in end oul of the report writing room while Sgt. Buckner was talking ‘with Brandt in the interview room. Of. K. Bare said thal when she did look towards the interview roorn It ‘appeared Sgt. Buckner and Brandt were talking in a “conversational” manner. She could not hear what ‘was being sald and she did not witness Brandt extend his middle finger at Sgt. Buckner. Ofe. K. Bare stated the gess door to the interview room was closed, Brandt was escorted from the interview room lo tho lobby by Sel. Buckner. Ofc. K. Bere did not have any further contact wih Brandt, Ofc .K. Bare did not completa a report reference this incident. 4121414 | havo stil not received any response back from Mr. Brandt cr his attorney reference his writen statement. This has been the norm when oter members of this unt have investigated complalnis Involving Mr. Brandt. The last and oly email from Mr. Brandt was on November 12, 2014. 1 sont another ‘email to Me, Brandi on 12/3/14 requesting en update on obtaining a statement from him reference his ‘eaniaet with Sot. Buckner. 426/14 | have not reveled a response baok from Mr. Brandt from my emall on 12/9/14 This Investigation ‘was forwarded to the Complaint Review Tear. a_—_— INVESTIGATIVE NOTES + Acopy of i. Brandt's statoment to Cy Council was transcribed and attached. + A-copy of tha booking area video pertaining to Mr. Brandt's contact with Ofc. Aounio and Of {Bare Inthe booking areals attached to this report. ‘+ confirmed the Interview rooms by report wring do not have audio o video capabilities. + Sgt. Cox who wae present inthe booking area was also interviawed. Sgt. Cox advised that ne heard Brandt was belng brought to the police department so he met Ofe. Acunto inthe sally port ‘and sicod by as Brandt was removed from the patrol car and placed in the adul holding area. randt wee calm untl Sgt. Buckner waiked in the room at which time he started to yel Tuck you ‘and “fucking pigs". Brandt also told Sgt. Cox that he had lust made him thity grand, Sgt. Cox ‘thought that Brandt was implying that he was going o cue him or the ally. Sgt. Cox stated he tied to got Brandt to calm down and when his effort failed he lft the booking area. Sot. Cox did not have any further contact with Brandt.Case Report case Number 2014-18913 (On 103/14 a aboot 1000 Hoar spe apc Sib oie Sig ns Bo WAI ‘Adon County Colorado reference Pack Vision Whe cdo me usw coni wi ul erste He 1 Exe raat, 008 | 19/971. “rics sitng dwn on the pound ati of ry cena th Fim stoves moiugabihtie ool sain we wos FUCK COS" wit lore vite etering, The hooded sweatin, hod 8 ie pa oath ih lee uns wi ee oC which wae aly etn, Co open cant Bricalee had «| sree en vrs "FUCK ORS" rn ings Hein Inocee her were several ede and yours isn athe pc end in irr, ey within view of he oeasve MnBP=S erm ii en ti Pt 2 10 A Se magnon a cnn ner ne beach ofthe ple pene ond cnjoyenent of tfc. qrtetur ion bbe css entree oe TS note” Sn meena ea Ce pach er Ternk eon mie ee Be pcan i oe Dn dete srt peti inune etm SA ES Si eres ie ne rm ea TA fockng being meted for 0 sie” seunyemnan ic iemimtnes sear tice a aac grinwes Bae me evel ne Avge sig SAO vo was tld Imo appreciate hi snus advances nem ran cramer er cot internet ti rea piper eel ant a tivkwrd ant ot ofbalace body postion wes era en wos etd ats he pel vebilead transporte Weis tice Department or prooesig spin tty espn sa SO" ee Wane EAT ‘Wearing What soot Westniner Cry Coun” analy eg Wiy sh {cl th de ohare sone sx oFavene ih ‘Wecneser ary Counel or he Mayor tat no ctr czea Bad” rented hy sig Thavea pene wth he Mar adn Cy COR enbec that Led nly getsurmons nd not jaied™ Tre ion sei ame any member of Wevlnns Cy Comet mtb st -eement with str te en Dn yee me re Ss OS isle signe orn. sa rt yan euro yon wb eaten Were RSE‘Weitninstr Police Departmeat Case Report“, ose Number: 2014-18913, ] ‘Whi phctogrphed Ei, he coatnaaly “pp of the car nd sted "Fuck you pg" After compleing the backing rossses, sted Eveit be wartedto maken writen stitemen’ regarding ays lca. Ec ated "Yes" and signe the Police Deparment Advises Wave, form, After crplting the fom, ie wrote a ingle Incomplete writen stnterest, without sini he siaerent fxs, vie was later eeesed hom the Westies Roce Departmect on sumnors number AHOSZ299, {atest the bie hooded sweats, white sign, end photograph inn evidence. End of reper‘estas Foe Deperimet CaseReport 7" connintes oss | RS ~ Supplement Information ; | Bupplewent Date Sapplament Tape sppleeneat Office tomiaow e240 _ | ADDITONAL INFORMATION ) BUCKNER JAMES D naa oT (Gone WASON,ALANL yer W Report On V/s acaprxionety 1013 It weking she ay si per, Ac posi 1031s wos ig hr pang cart hing ry nd Pa Wil dng, observed mle i the park. Thsaie(Who wos we fond be Bem Eis st Tt) elved stunt waved bck ret wate pach sem, by one the elon spelig wit sve ep Brandt he turned his back tm. estat meds tack bnerved bad weg on te bick ic hats," Puskthe Pole Aer rw trac! ho ean See reset ston is bud Th sgn ind Pokthe Pls” rt nL stopped visa eonuced Bred. pon oases Sat ean recede eed te “Tucing cp sve may ik. edie Brandt ket wa ogi Nima kt. hein Ban or weapons ad bepan to 9peak with ie. vse rnd uth sgn ad he phtwri vatnof pak et, Tht heed te Ieee te pik ae ihe ihe py HO aint ldo dd ethers to eve. Ta wat mig bg aah bese Devi Lar neha | veo ont respec of kre sd ete ere hep pope. Apne eft i rnd enthe ol eet eer prt repay vada Heil red. | athe expel reed toes wold be ting my ay eee aor daa inane Drndtil ed ke imseven mretines ere ath csiued efi, Darin An OS ‘Keun hd ave o scene. When Bend cotned reise oleae, avs Drenthe wasuner aes ‘Art eld Brandt he wer onde oes desde | ise is oes on and rcnin. That its is cvsiion ah © Be tay, Bont restate Asta kn vee, Oe the see bpm am bets a Wee aera gee ware ereing imps fon ssn” er Acro place ran ini pol ca Dering i ie Beck wt yng & unin Ofer Acute, He wes demanding i kt, ARer eng elo Bran bopn to ares me. ranted me ho ade bigs, That eva going to pete. Hews org oor ae hen arte Hake! in i arr ae! Herel, cd’ etn you wor abut yor wl fmf what et, rhe aetand me sara Herth rata we ging tid cut hoe was As was pking wth Ofc cue dosh he wnde, Sn Miyetngandsaciing He we alg Poking i Puking Asal, Frting dam Bond nse * Youle masa ce your Fucking as", Brandt was transported to WPD for processing, ‘awe Brand ws at ng verbal bagi When gt ret to mtd pla mde he erent wat ong SSL ae nese Dendand wl inithe Zeta arbre phys he would be wampote Lut met phys cad bt ‘oninne o be vetaly belligerent Brand was procested and taken tan interview room, mie luevcw ou expend the hres Bend. He became escalated Cet Me ain. | wamed rant the + ee antae apn te woul be chorpl Pr Corman Wis, rand wes sel Ml numeoas AHDA2799 i Pos lant _Facrrrepce Tepes oon wih Neil Obaruction of oli, Ar sing te suninceOenckwa waked onto he oes Dect aay, a we nce atieg forks propery in thle, Bed ben oa lated wenn nun Thre wr sve Pek testy to lacie ilren who could pesibly hearts, had Bran step otto te foto the bling‘Westminster Police Department CaseReport .~0" om vente 4189] yen tn on Brn continue 1 rentn He ls satin me a5 £008 ue sued by Davi Lane for $20,000 After Tissed dee smash lake tie fied ete rian tes sod Oy fax Foekng pig 1 od Brandt hat his conduct was gain arpecop with hector, rad tome wel oa raed avay. Branl’s Coatand sign were booked nto evidence at WPD. sr stold te noted tha prt my condut ith Brand, we he reseed teas thre eats fom citizens. They were upset and offended by Brandt siga and jack.Westminster Police Department PERSONNEL INVESTIGATION #2014-11 Transcript of Eric Brandt at City Council Good evening. For those who do not know me my name is Eric Brandt. As I've mentioned In past ad- dresses to this boerd, we have inherited a time-honored monument of government by the people. Should ‘our posterity inherit this tradition with pride and a sense of duty then we must lead by example. And that ‘example Is our participation, For three years | have called out to you to address misconduct by the West- minster Police Department. For three years you have done nothing. For three years Chief Birk and his officers have acted with impunity. They have acted with impunity because as it turns out they have it. Ap- parently there are no checks and balances to thelr great power. So for months | have been informing you that officers in our city have been repeatedly and continuously harassing and abusing the homeless in our community. You have done nothing to stop it, For months | have been informing you that officers have been incessantly attacking my free speech. Despite clearly ‘established constitutional protections to the contrary, you have done nothing to curb escalating abuse by the Westminster Police Department. Despite litigation in federal court against this board, the efforts to silence my voice continue. Last week Sgt. Buckner arrested me for my sign, twice in the same day. ! was taken to a room with no cameras at the PD where Sgt. Buckner told me, and | quote, “Some people have to follow the rules. ! don't. I'm gonna fuck you up tonight and break every fucking finger on your hand." What the fuck is wrong with you people? What is wrong with you that you allow this to continue? | have learned thet this board is essentially powerlass to control our police, but your City Manager is not. Your failure to act immediately will not go unpunished. To be clear, your sins of omission will be sins nonetheless. if you fall to act promplly each and every one of you, each of you, will be individually held accountable in federal court. If you need to fire City Manager Brent McFall and hire a naw City Manager who wil fire Police Chief Birk than that is what you need fo do. Let me be clear. | wil not be silenced. Good night.WESTMINSTER POLICE DEPARTMENT GARRITY WARNING I wish to advise you that you are boing questioned as, part of an official investigation of the Westminster Police Department. You will be asked questions specifically directed and narrowly related to the performance of your official dutles or fitness for office. You are entitled to all the rights and privilages ‘guaranteed by the laws and the constitution of this state and the Constitution of tho United States; including the right not to be compelled to incriminate yourself, and to have an attorney of your choice present during questioning. | further wish to advise you that if you refuse to testify, or to answer questions relating to the performance of your official duties or fitness for duty, you will bo subject to dopartmental charges, which would result in your cismissal from the Westminster Police Department, If you do answer, nelther your statements, nor any information or evidence which is gained by reason of such statements, can be used ageinst you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent departmental charges. ‘Officer Signature Dindlihn eee WitnessWestminster Police Department PERSONNEL INVESTIGATION #2014-14 INTERVIEW WITH: Sot. James Buckner (JB) BY: smd. Dave Lester (DL) This Ie Commander Dave Lester of the Professional Services Unit lerviewing Sal. Jim Bucknor refer- ‘ence Personnel investigation #2014-11. This ls regarding Case #2014-18013 thal oco.rred on October 31,2014. Sol. Buckner has been given and roviewed a copy of the Gary Warning which he understands ‘signed and was witnossed by me, Jim, can you tel! me about your contact with Mr. Erie Brandt on November, correction October ‘31M, 2014 al the Irving Stroo! Lary plosso? ‘Yes. was on regutar patrol working supervisor for day shift. | wax diving by ving Stroet Library because we've had a lot of problems down thace inthe library and | kind of taken Runder my belt just lo Keep en eye on the place and help the Ibrarians out down there. | was driving through the park. lee some people In the park, there was kids, familias. Some people sitting by one of tho pavilions. As I'm driving | look aver. A guy turns, he waves at mo, 1 wave back. He emilee, ho {ams his back to me and that’s when | see the coat that says fuck the cops end thats when I real- {zed oh ts must be Erie Brend! becauee before this | never had any contact with Mr, Brandt. So | ‘lopped Gus | know thet having a sign that's obscane under park rules, obscene language in 2 park, | stopped. When | stopped | seen him turn around end he's got a big sign in his hand too that Says fuck the cops. So he's got the cost on and the sign. call him, | all him over, | said Mr. Brandt can we talk for e minute, He comes walking over and the fist thing he says s give mo my fucking eke. And I sald hold on a sec, | don't want to give you a ticket. go, ne goes ! want my fueking Vekel. And I go no, go the thing is you're violating park rules by having the cbscere sign ina par. | said | don't want o give you a ticke, Just take the sign and leave the park erea, Cuz at that poini my only concem is gat him (Inaudible) out ofthe park cu the kids are there and just let him go out on the street and do wha! he normally does. And he (audible) says he's not gonna leave. And | said you understand you'e violating the park rues; 'm asking you to leave. Aro you refusing to leave, and he sald yes, and | sald okay now I'm taling you to leave. And ho tells me nope Im not gonna leave, give mo my ticket. And | said 60 now you'’e refusing to leave the perk 0 now you trespassing under park rules. And | go are you stl refusing to leave? Ard he said yes. | said In thet case youre under arrest for ebstructin of police. And he goos what do you ean? And | go well | kind of, you're obstructing me by enforcing the park rules by refusing to teave, And he says you heve to give me a ickot, t's my constitutional ight. And | sald welt unfor- tunately said ite an arrestable offenes. The whole point behind this is to get the behavior to stop ‘and in my mind the only way Io get i o siop Is to arrest him. So wo take him Inlo custody, put handeuffs on him. (inaudible) call over an officer cuz my vehicle doesnt have a cage in itso | Gar’ transport prisoners, Ofe, Acunto comes over. Ha helps searches Mr. Brandt. And @s soon as. fhe goos to put him in tho car he stars on one of his trades. He Just starts screaming, hollering the fucking police are, are breaking my consilutional fucking rights. They/re fucking arrest me for ‘no fucking reason, they e fucking lars, He just goes on a tad. So we put him in the car. I'm try- ing to speck to Ofc, Acunko through the window to {ol him just get him to the Police Department for me, process him for me and Il be in there I'l write the ticket. He's screaming. | finally look over t try to get him to calm down and (inavctble) whatever you want. And at that point he's Screaming Im {inaucit) ted of these (Inautlble). He's calling me @ fucking pig, fucking fet ass. ‘And Fm not getting upset al al. | think that wes making him oven more upsot was cuz jus! wasr't {gothg excited. He told me whon wo got fo the, or he wes gonna Kick my fucking ass when we Gol fo the PD. And then he said, we just wrote him a $20,000 dolar check. He (inaudible) from Gity Counel. David Lane's his attorney. He's Just going on end on and when || stil was net r9- ‘sponding to eny, or getting emetional about il that’s whan he sald, you know, Fm gonna get you. Tin gonna gel al you cope. And Im like okay, that’s good for you, you do that. And then thats ‘en he says, he blurts out fm gonna get you, Tl get your family, Il get everybody you know. ‘And at that point | take it as he's On one of his trades so || dint Say anything, | told Acunto just (98 him to the Police Departinent for me and transpart him. i take, after youre done getting him processed fil be up there. Acunto tock him to the Poliee Department here. | got here. Like | sald Fin 8 euperdisor so | got a bunch of ether things to do. [old Acunto Just get him processed and sie.Di: 4B: sumen you're done processing Nm lot me know. | was deaing wth ther Issues here, otf nat ve ating on. We hed people tha! had called in and complained about his sign. | had other stat aing on he strect. had calls. Acunto gets a lc of me and says Sargo I've go Nm prosessad at do you want to 60? | sald doe @ favor just put him In an Intordew room. Tve got gu ween cfide out TH go in and It issue him @ summons. When | got 2 chance | went back there. ro three Interview reoms back there, one on each side which just has a door with giass in ‘There one in the middle if you go look the door Is glass, the door is glass, i's all windowe, Ha ‘vas sting the al glase one right to (naucbie), He had a TV above His head. | dor thnk, and Tas fhe TV wasn't on. He was sting In there and he was, | think he was fifing out 2 statement Sor care in. | issued him a surnmons. | sat down, Asked him, you know, personal information for the summons. He stated asking me questions end tied to explain. sad look under, | expained to nen uncer park regulations you eat have obscene stuf in the park. | expained that alo hin, 1 Oi this fe wal your eourt dale i (audible) and then he starts spiting at me. And | sald lok Hight now Pin Winking about releasing you on a summons. I you're nck gonna calm down It ust {ake you lo fal, (Inaudible) he calmed down. So | finshed explaining the summons. Afi: | fn Ighed explained the summons |, he had asked if | wanted a statement | sad 1 dor't want your Stine: He's tel me thal fn a, af, fat fucking pi. He threatened me, he said he had «frond arrelty Counc, He told me that David Lane's his attorney. We're al gonna pay fr tis. And Lust $s Bew't off 1 wae finishing out the summons, And then at that polnt he goes yoan youre ‘Sosa pay fortis, someting tote effect of Tm gonne get you. Im gonne get your whol family, Serra bu wno you are and where you live. Ard | stepped and | sald what ded you just say fo me? ihre no qoor you undersiand, you get pushed patted the tart and you just de something jours gonna regret ever having dono. And | said are you treatening, are you tvealeing my Jur And he goes, he sald something tothe effect of you heard wha | aed and, end its gernia sneth or eiever I sald look you can do wtitever you want with my but dont, Gort threaten teefamiy. Al that point no sai back in fis chai, he leaned back, he started sraing, he ralsad fis Med up anc flipped me of, Ard he Just srilad. Ang | ead Ere if you get near my family I break {Roop uien Acunio yets down at me because we hadnt gotten his property yet, which | di’, rere tought he had his propery sleady cuz | was gonna relaase him. So | want out ef the ‘Gaby wih him, Hed him ak down fn the lobby. While he was siting in the fodby there's lady Oey wit abunch of és and (inavelble), and I think there's a guy and bio wife and somebody tse i there and anolhor kid or something. And he starts golng off egein and you could see that ce ithe people ware geting uncorrfortake. So I sald wel Just go out font with re: So we go sorrpant. We pet out front and we're standing out fon 'm wating for his property. He siarts in Sonn about gating me, about His fend on Ciy Courel, got David Lane, we're all gonna pay for ae Wore in rouble. And thoy bing his property to him. 1 sald here's your property, naw do me a aror and just leave, got out of hore. Ha stands up and sgh infront of everybody ho figs me of taxon 20 | call him beck. Ho aid look that's not, that's not disorderly conduc. And | sad we're in s publs place. You [ust fipped me the bid and there's a whole group of Ks siting bering me, ‘agi go mn tare and that mom Is ofended by that ond she warts to sign a compielnt im gonna east dunich point he sald 'm sory, if you just let me got be quit, M1 get out of here. | said Trae ane, us got out of here, I dent want to hear from you again and he fet and that wos tho tend of my contact Coxay, was anybody else In the room, n Interview Room #2, whan yeu wore Issuing Brandt the fummons and made @ comment about breaking his finger? No, twas just me end him. | walked in hare, He was siting there fling out # statement, the other Difcors were working on thelr stuff, just wont In there to Issue him a summons. Wes the door open or closed? {think twas closed. ! don't knowl that door stays open. Cuz fit stays open the alarm goss off,Ou: DL: JB we: DL: ‘And In the last part of your report you mention that there were threo other calls of complaints on Mr, Brandt? We had peopte cal, yeah. Citizens cating in to complain about his sign and, and the word fuck ‘hat was on the sign. Did you know about thet bofore you responded to the park or is thal something you found out af- {er when (Inaudible)? To be honest with you | don't remember. | Just know that it was continuous through the day. | think it was before because |, | didat know, | thought he was over on Sheriden or something lke thal. I cidrt know he was down by the park. Like ! sald I never hed contact with him befere this to Ive seen a ploture of him but I've never contacted him, You filed out the summons, is that corract? Yes. ‘And then easier you mentioned that there were problems down at the park, What problems are you talking about? We got problems in the lbrary wth people going in there using drugs. People gong In there and ‘teatng disturbances. People go cown there, they get shot up with heroin, they pass out on the ‘computers. We got a (inaudible) people using drugs in the bathroom, washing in the bathroom, ‘Some of these people down there heve gone off on the librarians. The librarians havo got what you'd cal (Fnaulole) [ust going in thor fer that, you know, for vs to keep sn aye on it. And wth {he homeless people and some ofthe, the kids that hang out n the park, problems have bean in the park with fhting and crinking and drug use and everyting, Its @ family park. So that's why we're down there. (Okay, and you've hed no other contact wit Mr. Brandt since the 2182 No, nothing Anything else you want to add? Yeah my. my pit on bi wa be [ea mano a rst lok h one of stage: The ‘second tine he throaloned me inthe interview room he was very much more reserved and to me ‘was more laghimate in his threat concerning me enough that ve got my neighbors watching my ‘house because I don't put I passed him ta Show up at my house where my kids are at and again its just me and my kids. To me his threats agains! my family are credible threats. Like | said | dont have a problem with him messing with me but wth my eon’s condlion he has with my ‘daughita: I've got concerns with, with the threats he's made against me. | think he, he's feeling ‘Somewhat empowered al this point that ha thinks he has tho right that ha can, cuz he's got {fronds on Council aczording to him and David Lane's his attorney that he can go around and, you iknow, he's gone from holding signs to actualy tweatering officers and threatening our ferties, |, "have an Issue with that. (Inaudible) ve got no more questions of comments. Thatll conclude our intoriew. Today's once again 11/18/2014. Ite now 6:07 am,WESTMINSTER POLICE DEPARTMENT Memorandum 10: Sof. Jim Buckner rao, Omar, David Lester Professional Services Unit wa: (1102/44 sunitr; Notification of Personne! Investigation #2014-11 ae ‘This memorandum serves as notifleaion © provided in Chapter 208 of the Departmental This mora to Westminster Police DOPartnsry orice poreonnel investigation #2014-14 hes Mor initiated concerning your actions ent that Pagarding the arrestbocking of Ee been tats invostigation fs f rospones To et ‘uregation. of varbal throats to cause Physical harm te Branat. (Aesocistod cae ‘number 2014-18913) ‘This investigation wil bo conducted by the Ty ronal Servicos Unit. Please contact This invefr David Lester to schedule 27 oles eatin tha next five days. Please do not Commer other involved members on this male PREPARED BY: ‘mdr, David LesterWESTMINSTER POLICE DEPARTMENT Memorandum ‘sgt. Jim Buckner David Lester commander vices Unit Professional Ser pare 12/0114 suaieet: Notification of Completion #201414 sng forwarded to the Complaint Review ‘his Investigation has been compete! and 18 bel Team. ‘You wil be notified of the disposition a8 500" 2° possibl ‘Thank you for your patience. If you have any ‘questions, ploase let me Know. Commander David Lester