OFFICE OF THE DISTRICT ATTORNEY 21 ST JUDICIAL DISTRICT OF COLORADO

PETE HAUTZINGER DISTRICT ATTORNEY

MESA COUNTY JUSTICE CENTER P.O. BOX 20,000

GRAND JUNCTION, COLORADO 81502·5031 TELEPHONE: (970) 244-1730

June 3, 2010

John Camper Chief of Police

Grand Junction Police Department 625 Ute Avenue

Grand Junction, CO 81501

RE: Investigation into criminal mischief incident at "The Point", camp near confluence of Colorado and Gunnison rivers on May 3, 2010

Dear Chief Camper:

As you know, members of your agency were involved in an incident involving alleged criminal mischief on May 3, 2010. At your request, the Mesa County Sheriff's Office (MCSO) conducted an investigation into the incident. That investigation has now been submitted to me for a decision as to whether criminal charges ought to be filed.

In reviewing the matter I have carefully read all of the reports contained in the criminal investigation. I reviewed all ofthe photographs and viewed DVD's of a number of the interviews which were conducted. I also met at length with lead MCSO Investigator Tim Henderson and other members of the MCSO investigative team.

I am at this time declining to file any criminal charges in this matter. My sworn ethical duty is to only file charges in cases where there is a reasonable likelihood of being able to prove guilt at trial beyond a reasonable doubt. Although I find the quality of the MCSO investigation to be first rate and believe that they have left no stone unturned, at the end of the day I see absolutely no possibility of proving any crimes beyond a reasonable doubt.

I know that in addition to the extensive criminal investigation by the MCSO your agency has conducted an internal affairs investigation into these matters. There is a significant difference between a criminal investigation and an administrative internal affairs investigation. In a criminal investigation, any person has every right to remain silent and refuse to answer questions posed by investigators. However, police officers who are the subject of an administrative internal affairs investigation can be compelled to

· answer any questions as a condition of their employment. 1 am strictly prohibited by law from using anything from the internal affairs investigation in a criminal prosecution.

The criminal investigation submitted to me reveals an extremely weak criminal case (despite a lot of quality work by the MCSO). There are no eyewitnesses to the alleged criminal acts, there is no forensic evidence (DNA, fingerprints, serology, etc), the property was left unattended for several hours in an open setting accessible by the general public and a significant number of the victims declined to cooperate. None of the three GJPD officers directly involved agreed to waive their constitutional right to remain silent and be interviewed by the MCSO investigators. 1 am thus ultimately left with a case that almost entirely consists of evidence that property was left undamaged by the victims at one point in the day, was very clearly found damaged by the victims later in the day and three GJPD officers were definitely in the vicinity during the period of time when the damage could have been inflicted.

Under these circumstances 1 simply cannot ethically go forward with a criminal prosecution. There is absolutely no likelihood of proof beyond a reasonable doubt. While 1 have little doubt that criminal acts took place, 1 see no hope of being able to prove who committed them.

My conclusion here should have no bearing on whatever administrative decisions you make as a result of the internal affairs investigation. As 1 am very appropriately not privy to the details of that investigation, 1 do not know how it mayor may not differ from the criminal investigation. 1 only know that the materials which have been presented to me do not represent aprosecutable criminal case (I am attaching a complete copy of the criminal investigation to this letter).

CC: Stan Hilkey, Mesa County Sheriff

06/03/2010 08: 38

Mesa County Sheriff's Office LAW Incident Table:

932

Page: 1

Incident Number: 10L3813

Nature: CRIM MISCHIEF Case Number: Image:

Addr: 5TH ST / GUNNISON RIVER Area: E1 29 Rd. W to Gu

City: GRAND JUNCTION ST: CO zip: 81503 Contact: JACOB RICHARDS

+- Complainant& 266282 -----------------------------------------------------+

Lst: RICHARDS Fst: JACOB Mid: NEALE

DOB: 02/14/1981 SSN: 521-31-7211 Adr: 629 OURAY AVE

Rae: W Sx: M Tel: (970)245-3720 Cty: GRAND JUNCTION ST: CO Zip: 81501

+------------------------------------------------------------------------------+

Offense Codes: 2902 Reported: Observed: 2902

Circumstances: LT10 E Rspndg Officers: HENDERSON T Rspnsbl Officer: HENDERSON T Received By: HENDERSON T

How Received: T Telephone

When Reported: 10:41:19 05/10/2010 Occurrd between: 10:41:19 05/10/2010 and: 10:41:19 05/10/2010

MO:

Narrative: (See below) Supplement: (See below)

MARTIN R Agency: MCSO

Last RadLog:

Clearance: INV ASSIGNED TO INVESTIGA Disposition: ACT Disp Date: 05/10/2010 Judicial Sts:

Supervisor Approval: S119

(See below)

CAD Call ID:

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

INVOLVEMENTS:

Type NM NM NM NM NM NM NM NM NM NM NM NM NM NM NM NM NM NM EV EV EV EV EV EV EV EV

Record # 118708 152287 241584 263525 268808 284548 230764 148397 267542

12212 32256 132293 142152 191094 204775 245303 258425 266282

88980 88981 88982 88983 88984 88985 88986 88987

Date 05117/2010 05/17/2010 05/17/2010 05/17/2010 05/17/2010 05/17/2010 05113/2010 05/11/2010 05/11/2010 05/10/2010 05/10/2010 05/10/2010 05/10/2010 05/10/2010 05110/2010 05/10/2010 05110/2010 05/10/2010 05/18/2010 05/18/2010 05118/2010 05118/2010 05/18/2010 05/18/2010 05/18/2010 05118/2010

Description

SMITH, MICHAEL RAYSIDE, THOMAS JOSEPH ROBERTS, JUSTIN MULCAHY, JOE

VAN WHY, PHILLIP J

STRUWE, MICHAEL DAVID HElL, ROBERT ANDREW ROSENWOLFE, MICAH

GORDON, DANIELLE LYNN LOCKE, DOROTHEA ANN

LOCKE, CLARENCE PRESTON SEVENANS, TIFFANY ANN HIRSCHBERG, MARK DAVID LOPER, RYAN JAMES

WIDENER, JOSEPH ALFRED LLEWELLYN, JONATHAN WALTER BALL, STEVEN LEE

RICHARDS, JACOB NEALE RLM7/DVD/INTERVIEW RLM8/DVD/INTERVIEW TH1/DVD/INTERVIEW TH2/DVD/INTERVIEW TH3/DVD/INTERVIEW TH4/DVD/INTERVIEW TH5/DVD/INTERVIEWS TH6/PRINTED PHOTOS

Relationship contacted ofc wit ofc

inv ofc

inv ofc

inv ofc contacted ofc WITNESS wit/subj

VICTIM/NOT CONTACTED VICTIM

VICTIM

WITNESS

VICTIM

VICTIM

VICTIM

VICTIM

VICTIM

*Complainant *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident

&

EV EV EV EV EV EV

88968 88969 88863 88820 88821 88822

05/17/2010 05/17/2010 05/13/2010 05/12/2010 05/12/2010 05/12/2010

RLM5/DVD/INTERVIEW RLM6/DVD/INTERVIEW RLM4/DVD/INTERVIEW RLM1/SCENE PHOTOS RLM2/DVD/INTERVIEW RLM3/DVD/INTERVIEW

*Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident *Evidence Incident

LAW Incident Offenses Detail:

Offense Codes Seq Code

1 2902 CRIMINAL MISCHIEF PRIVATE

Amount 0.00

LAW Incident Circumstances:

Contributing Circumstances Comments

Seq Code 1 LT10 2 E

Field/Woods E DISTRICT

LAW Incident Responders Detail Responding Officers

Seq Name Unit

1 HENDERSON T

2 MARTIN R

Narrative:

Investigators with the Mesa County Sheriff's Office are investigating an alleged criminal mischief that occurred at a homeless camp on the Gunnison River near 5th Street.

Law Supplemental Narrative:

Supplemental Narratives Narrative

Seq Name

1 HENDERSON T 05/07/10 -

Date 14:43:46 05/10/2010 ACTIVITY REPORT / INVESTIGATOR HENDERSON

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 1200 HOURS

On Friday, 05/07/10, about 1200 hours, I was assigned by my supervisor to conduct an investigation into a criminal mischief that was reported to have occurred at a homeless camp known as "The Point." The camp is located along the bank of the Gunnison River near the confluence of the Gunnison River and the Colorado River in Grand Junction.

I spoke to Rick Dyer with the Grand Junction Police Department Professional Standards Unit on the telephone. Dyer said his department received a complaint from Jacob Richards earlier in the week that officers with the Grand Junction Police Department damaged tents and bicycle tires while in the camp looking for a subject that was possibly involved in the theft of copper wire. The criminal mischief incident was reported to have occurred on Monday 05/03/10 around 1200 hours.

During their initial internal investigation into the incident, personnel from the Grand Junction Police Department learned Officers Justin Roberts, Phillip Van Why and Joseph Mulcahy had been at the homeless camp on the day and time in question. Also during their initial internal investigation, GJPD personnel learned that Officers Justin Roberts and Phillip Van Why had reportedly made statements to Officer Robert Heil that they had been to a homeless camp on 05/03/10 and had cut the sides of tents. Dyer advised that Officers Roberts, Van Why, and Mulcahy had been placed on paid administrative leave pehding the outcome of the internal and criminal investigations.

Dyer identified the possible victims in this case as Ryan Loper, Steve Ball, Mark (Deckard?) and Jonathan (Llewellyn?). Dyer provided my with a telephone number of (970)245-3720 for Jacob Richards.

Dyer provided me with an incident recall for GJPD incident #10-025401 which was generated by B544, Officer Joseph Mulcahy, on 05/03/10 at 1022 hours. Officers Justin Roberts and Phillip Van Why were listed as assisting Mulcahy on the incident. A notation at 1023 hours states the officers were, "Looking for a transient." The call was cleared at 1115 hours. The incident recall was placed in the case file.

Dyer provided me with seventeen photos of damaged tents and bicycle tires that were printed on ten sheets of 8" X 10" paper. The photos were printed from a thumb drive given to the Grand Junction Police Department by Jacob Richards. Richards later wrote on the photographs to indicate the owners of each tent or

item depicted. I later booked the photographs into evidence. .

I contacted Richards by phone and asked to meet with him on Monday 05/10/10 so

I could interview him about this incident. Richards said he did not yet know his work schedule for the week of 05/10/10 but he agreed to leave a message on my voice mail over the weekend to let me know when he was available. Richards left a message on my voice mail as agreed and stated he would be available for an interview on Monday, 05/10/10 at 0900 hours. I later contacted Richards by phone and the interview was rescheduled for 0915 hours.

This case is active pending investigation.

TCH/tch

Law Supplemental Narrative:

Supplemental Narratives Narrative

Date

09:28:04 05/12/2010

STATEMENT / JACOB N. RICHARDS (02/14/81) 629 OURAY AVE.

GRAND JUNCTION, COLORADO 81501 (970)245-3720

Seq Name

2 HENDERSON T 05/10/10 -

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 0921 HOURS

On 05/10/10, about 0921 hours, Investigator Martin and I interviewed Jacob Richards in an interview room at the Mesa County Sheriff's Office. The interview was recorded on a DVD which was later booked into evidence (Item TH1). The following is a summary of the interview.

On Tuesday evening, 05/04/10, Richards received a telephone call from Dottie (Dorothea Locke) and Corky (Clarence Locke) saying that the property of several homeless persons had been damaged. Dottie and Corky said several Grand Junction Police Officers were seen in the camp during the time the damage occurred. Dottie and Corky's daughter, Tiffany (Sevenans), and Tiffany's boyfriend Robert (Unknown last name), were attempting to cross the railroad bridge from Grand Junction to Orchard Mesa when they were stopped by a K9 Police Officer and told they could not cross the bridge. Tiffany and Robert sat on a bench by the Colorado River and they could see officers moving within their camp. Tiffany called Dottie to tell her what was going on at about 1100 hours. Tiffany, Robert, Corky and Dottie returned to camp about thirty minutes after· the police left.

Ryan Loper was leaving camp on 05/03/10 he saw several Police Officers going into the camp. Ryan later returned to find several tents and bicycle tires damaged. Richards said several ropes used to support tents and tarps had been cut during the same time.

On Wednesday morning, 05/04/10, Richards went to the camp, spoke to several persons, took photographs and called the Grand Junction Police Department to report the incident to Deputy Chief John Zen.

Richards took several of my business cards and agreed to hand them to the persons who had their property damaged. I told Richards I would like to meet with the victims that same day if possible. Richards agreed to make contact with as many victims as possible and, if any victims were in camp, he agreed to call me so I could speak to whoever was available and take photographs of the damaged property.

I asked Richards the names of persons who had property damaged. Richards identified "GI Joe" (Joseph Widener), Mark (Hirschberg), Jonathan (Llewellyn), Ryan (Loper) Lumberjack (Steven Ball) and Julie (Crawford).

I printed booking photographs of Joseph Widener and Jonathan Llewellyn. I showed the photos to Richards who identified them as victims in this case.

The interview was concluded a short time later.

Richards agreed to go to the camp immediately after the interview and attempt to contact anyone that was there. Richards agreed to call me so I could meet with him near the camp.

TCH/tch

CASE

- 10L3813

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

3 MARTIN R 07:58:49 05/11/2010

05/10/10 SCENE PHOTOS / INV. R. MARTIN #163

DEPUTY - INV. R. MARTIN #163

TIME

- 1115 HOURS

On 05/10/10 Inv. Henderson and I responded the homeless camp referred to as "The Point". We met with Mr. Richards and his girlfriend and he took us down into the camps. To get to this location a person must pull in behind Hilltop Liquors to the west. A road travels north / south behind the liquor store. Turning north you will travel towards the Colorado River to a bluff. The dirt road continues more towards the railroad river bridge and drops down onto a secondary bluff and parking area.

On foot we traveled down the secondary bluff in a westerly direction to, and across, the railroad tracks as they start to go across the river via the bridge. Mr. Richards then took us in a southwest direction from the Bridge, around a south turn bend, walking along the tracks with the Gunnison River flowing on the west side. After about 100 yards he went down the hill towards the Gunnison to the furthest out camp, labeled site #1. The first photo starts at this point and progress back in a Northerly direction as we visited five different camp sites.

1. Photo sheet indicating case number and date.

2. North view of where we had come from, river bridge cannot be seen.

3. Pan to the west with camp site in view lower right.

4. Continuation of pan to the west.

5. Pathway to camp.

6. South facing view at pathway.

7. Camp site #1, damaged door. (Jonathan Llewllyn's property? Appears torn not cut) .

8. Same camp site with view back towards walkway and railroad tracks (southeast) .

9. Same site view to the south from pathway looking back at site #1.

10. Path leading north towards next site from site #1.

11. Site #2, facing north, contains 2 tents.

12. Damaged tent (#1) at site #2. ("GI Joe" or Joseph Widener's property per interview) .

13. View north / northeast from site #2, looking at railroad tracks, above tent #1.

. 14. Tent #2 and site #2, facing south. ("GI Joe" or Joseph Widener's property per interview).

15. Site #2 facing west (towards river).

16. Site #2 facing north, view of path leading from camp.

17. View of damages to tent #2 and site #2 (sliced door panel).

18. View facing northeast from site #2 over tent #2

19. View facing north of site #2.

20. View of damaged (cut down) canopy which had covered tent #2 and site #2, lying on east side of tent.

21. Exited from site #2, view back to the South, visible from railroad tracks.

22. Photo of tent removed from river, not damaged in incident. Located between site c#2 "and site #3.

23. Traveling north along tracks to site #3.

24. First view of site #3, facing northwest at railroad tracks.

25. View of site #3.

26. Site #3, view of damaged side wall of tent. (Steven Lee Ball property?)

27. Site #3 close up of damage.

28. Site #3 more damage.

29. Photo of tarp covering damaged tent at site #3. Tarp placed there by Mr. Richards after photographing of damages.

30. View of path leading north from site #3.

31. View of path leading north from site #3.

32. View of path leading north from site #3.

33. View of site #4. Damage to south side of tent, "repaired" with tape.

34. Closer view of damage.

35. View of site #4 damaged tent north side, "repaired" with tape.

36. View of path leading north from site #4

37. Beginning view of communal site #5.

38. Entrance #1 into communal site #5.

39. Entrance to communal site #5, view of black covering previously damaged and reused as barrier. (Ryan Loper)

40. Close up view of cut barrier.

41. View of communal camp not using entrance #1, path leading off to northwest.

42. View after entering entrance #1 communal site #5.

43. View panning north from entrance #1, location of bicycle #1.

44. View of damaged inner tube from bicycle #1 (Loper's?)

45. View of damaged hard rubber tire of bicycle #1.

46. View of bicycle #2, situated next to Gunnison river side of communal camp site #5. (Dorthea "Dottie" Locke)

47. Closer view of damaged tire bicycle #2.

48. Close up view of puncture to tire on bicycle #2.

49. View of eastern side of camp, includes Locke tent and "puppy" tent.

50. Panning to the west of communal site #5.

51. Panning to west of communal site #5, including bathroom and common eating area.

52. Damaged "puppy" tent.

53. Close up of damaged "puppy" tent.

54. Clearer view of bicycle #2.

55. Clearer view of bicycle #2.

I booked the digital images into evidence.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

4 MARTIN R 09:21:09 05/11/2010

05/10/10 INTERVIEW JOSEPH WIDENER 08/06/50 I INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1115 HOURS

On 05/10/10 at 1524 hours I interviewed Mr. Widener in the Investigations interview room. Mr. Widener is currently an inmate in the detention facility, incarcerated on warrants. This interview was audio and video recorded, and I placed the DVD\into evidence upon completion of this report. The following is not verbatim but an overview of the conversation.

I explaineq to him I was looking into the property being damaged in the area of "The Point". I asked him if he was residing in the area. He stated he was and had a site between "The Point" and "The Slab". I asked him if there was any site further upstream from him, indicating a distance of a mile or so. He stated no, those sites are empty now unless it's a single night stay. He stated he was residing there as was Lumber and Julie, but they had moved down closer to The Point.

I clarified with him his tent was damaged. He stated it was and he was very upset about it. He described the tent as being Orange and Grey and he had a Green canopy secured above his tent with poles and strings. I asked him for a value. He stated he had traded a pair of $200.00 Wolverine boots for it so $200.00.

I asked him if he remembered what day this occurred. He stated it was three or four days before he went to jail (05/08/10). I asked him what he did that day. He stated he got up and went into town guessing it was around 0800 to 0830 hours. He stated he did not remember where he went but it was not to the Day Center. He stated he returned around 1800 to 1830 hours. He verified it was still light out where "you could see a scope". He stated he noticed his tent door was slashed, his five sleeping bags inside were wet from some unknown liquid. He stated the interior had also been gone through. I asked if anything was missing and he stated he did not know. He stated he did not go through it very much as he was so mad. He explained he went to The Point and asked them what was going on, as his tent was damaged. He stated Ryan told him everyone's tents got slashed, and the cops had been there.

He stated all the clothing he had hung up to dry was down on the ground. He stated the stuff in his storage tent was strewn about. I verified with him he had a second tent and he stated he did. I showed him the photos taken earlier in the day. He verified the two tents at site #2 were his. He stated the trash strewn about in front had been located in the black trash bag viewable in the photos. He stated the boots in the tree belong to his female friend Dana Johnson, and had been located inside his tent. He stated Ms. Johnson did not have any other property present in his tent. He did not know where his Blue and Grey Everest back pack was. He stated it contained 2 pairs of Jeans, 2 T-shirts, sock, underwear, a flashlight amlfm radio combo, and razors. He

valued the entire pack with contents at $50.00. He stated he is also missing his Coleman liquid fuel lantern.

I remember seeing the lantern at the site, located under the corner of one of the tents. He verified the backpacks seen at site #1 were not his. He explained the first site to the south of his belongs to "Lumber". He verified Lumber was Steve. I explained I thought there was a female associated to Lumber and he stated that was Julie but she lives in a house.

I asked him what he did the evening of the damage. He stated he and Dana stayed there. He stated the next night he stayed at "Happy's". I did not inquire if Dana had placed her boots in the tree. From the positioning it appeared they had been placed on branches, upside down intentionally, not "tossed" there.

In the beginning of the interview Mr. Widener made it very clear he hates "pigs". I asked him if there was a specific color of "pig" he hated, a specific agency. He stated he hates "all you pigs". He stated if he saw a Mesa County Sheriff's patrol vehicle he would slash all its tires. I asked him if he was dealing with any specific cop all the time and he paused and stated no. I verified he was not being harassed or contacted over and over again by any particular person. He stated no, just those who contact them in the park for open containers and such.

Mr. Widener was pessimistic on why he present, stating he did not expect anything to come from this, no charges. I explained we still had more

interviews to complete, but it appeared something was going to come of this I just did not know exactly what at this point or to what degree. I explained the MCSO was handling the criminal portion of the case. I told him the GJPD was also looking into the event from a personnel position and he may be contacted by their Internal Affairs. I told him it was my understanding they may contact him as they expressed interest in speaking to the victims. He shrugged his shoulders and gave the indication that was okay.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

5 MARTIN R 13:01:41 05/11/2010

05/11/10 CHAT MICAH ROSENWOLFE / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1130 HOURS

On 05/11/10 I spoke to Mr. Micah Rosenwolfe on the phone. We had been notified Mr. Rosenwolfe had overheard a conversation on 05/02/10 at Emerson Park concerning the homeless person(s) hanging out there. He had contacted Ofc. William Baker explaining he had heard 10 transients talking. Micah stated the transients were talking about one of their friends getting "beat up" and his beer taken by another group of transients. Micah stated he heard the group talking about a plan to go into the offenders camp and "mess it up".

When I spoke to Micah he had nothing more to add. He verified he did not know the names of the homeless persons who were talking, nor did he hear them refer to each other by any name. He stated they are a common group at Emerson park and don't seem to allow others in their territory.

I asked if he knew where the "other group of transients " resided that they may be going to and he stated no.

I thanked him for his time and concluded the conversation.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

6 MARTIN R 15:25:21 05/11/2010

05/11/10 INTERVIEW JONATHAN LLEWELLYN 06/03/68 / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1115 HOURS

On 05/11/10 Inv. Henderson interviewed Mr. Jonathan Llewellyn in the Investigations interview room. I viewed the interview as it occurred. The interview was audio and video taped and the DVD was later placed into evidence. The following is not verbatim rather an overview of the interview.

Inv. Henderson verified Mr. Llewellyn resides in the area near The Point. He stated that was correct, his tent was located on the slab. He stated his wife had been living with him but she had left him. He stated when he discovered it (the damage), it was still light out. He was rounding up his laundry to do at the Day Center and he discovered the door "was torn the hell out of". He stated there had been baggage outside his tent belonging to "Carey" and it was strewn about. He claimed he keeps his site cleaned up and it was not so upon his return. He stated in the back of his tent was a small storage area. He stated this was down, poles damaged and the plastic totes inside had been knocked

over. He stated nothing was missing from the site as far as he could tell,

just gone through. He stated due to the door being messed up things inside also got wet. There was dirt on his mattress, candles strewn around. He claimed there were boot prints at his site as well which did not belong to his two pairs of shoes.

He explained Carey was in his 40's and was in jail on a Tennessee warrant. He stated he had nothing to do with this, and he did not have any property damaged, but it was strewn around.

When asked how he heard of the incident he stated he had run into "Marshall" at Emerson Park. He stated Marshall was giving him a hard time for not being around lately. He stated he was then told by "Marshall" there were three cops at the sites from The Point to the roller dam "rousting everybody, tearing things up, screaming and yelling, looking into things". He stated nobody got tased or shot which was a good thing but still. He stated when he heard this

he went to his site right away and located the damage. When asked an estimate of damages he stated "it was a big tent, maybe $150.00." He stated he left it the way he found it and Jacob took pictures of it.

Inv. Henderson showed him pictures that had been taken 05/10/10. He verified the tent on the slab (site #1) was his tent. He stated he has not been houseless until last August. He had come to town based on a job offer. He was in Grand Junction five days, was told the job fell through and he was out of money for a hotel. He was kicked out of his mothers as she quit drinking but he had not.

Inv. Henderson asked if he knew a Mark residing in the area. He showed him a

single photo of Mark Decker. He stated he (Mark Decker) has not been houseless for several years and does not live down there. He stated he knows him: he flies signs, buys beer and goes home to drink it, nothing more.

He verified GI Joe lives down the way from him, but he did not know who lives in between them. Inv. Henderson asked him if Ryan would talk to us. He stated of course he would, he was talking to the media, on the front page of the paper and everything else. He stated Jacob had told him (Mr. Llewellyn) he needed to come talk to him. He stated he would tell Ryan.

Once the conversation was winding down I stepped in and asked about the Emerson park comment. It was explained to him a conversation was overheard on Sunday before last at Emerson Park. The conversation was concerning a person getting beat up and stealing his beer and then those people seeking retribution. Mr. Llewellyn seemed confused. He then stated on that Sunday his friend Marshall had $250.00. He stated he know he spent $75.00 on beer and cigarettes for the people at the park that day. He stated later in the day Marshall passed out, and he had tried to wake him up. He stated at some point the people there beat him up, dragged him into the bathroom and stole his shoes, red flannel checked shirt, jacket and money. He stated Marshall normally does not have any money so it was one of the people there drinking with Marshall.

He stated Marshall showed up at his tent at 0200 hours in the morning asking if he could stay there, which he allowed. He stated he had bruising on the ribs, and no shoes. Mr. Llewellyn stated Marshall was very upset about the theft. He knows Marshall has said he was going to get the person back for doing this to him he was just waiting. He stated they know whomever did it was going to come into town wearing the distinctive shoes and jacket some day and then Marshall was going to take care of business. We verified with him there were not any issues of groups of homeless people looking to mess up other peoples camps over this and he stated no.

Mr. Llewellyn told Inv. Henderson he was told by Lumber that we had a check for him. He was told this was incorrect and did not know where that could have come from. He stated any restitution would come from the City. As Mr. Llewellyn was leaving he asked Inv. Henderson if he had a "five spot" he could give him. He was told no.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

7 MARTIN R 10:01:22 05/12/2010

05/10/10 INTERVIEW CLARENCE "CORKY" LOCKE 12/11/51 / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1115 HOURS

On 05/10/10 Inv. Henderson and I responded the homeless camp referred to as "The Point". We met with Mr. Richards and his girlfriend Mallory and they took us down into the camps. Upon arrival at the point we contacted Mr. Clarence "Corky" Locke 12/11/51. Corky advised he does reside at The Point with his wife Dorothea "Dottie" Locke 07/04/54. He advised Dottie works for the US Census.

Inv. Henderson asked Corky about the day in question. He stated he and his wife had left that morning around 0530 hours. He stated they had been on their way back to the site when his daughter {Tiffany Sevenans 06/15/75} called them. Corky stated his daughter had tried to come to the camp but was stopped by a K-9 officer on the railroad trestle and could not go in. He stated they told him they could see officer's going through the camp but due to the foliage could not see what was being done.

He stated he they met Tiffany and her boyfriend "Robert" at the bench {located across the river, west of the train bridge, river front trail}. Corky stated when they were allowed to come into the camp he noticed his tent was damaged and his puppy was missing. Inv. Henderson verified the dog was already investigated by the GJPD, and returned to him.

He stated Ryan told him about the other damages, and he noticed his wife's bicycle rear tire was damaged. He stated another camper was there, but he moved all of his stuff {Mark}. He stated Tiffany's {Black Free Spirit mountain bike} rear tire was flat as well. Mr. Richards and I looked at the tire and tube but could not locate any damage.

At that point Jacob had mentioned a female officer was on scene during the incident. He stated Tiffany and Robert told him this and they had surmised due to the female officer's presence none of the tents on the northern most side of the point had been damaged, including Corky's main tent.

While in the area I noted three other tents besides Corky's located on the Northern most end of the site. The western most tent is actually a camp shower, being used as bathroom. Continuing back east the next appeared to have female occupants due to female under clothing strung about the tent's area. The last one before Corky's tent was stated to be Ryan Loper's new tent {after he burned the old damaged one} .

Corky did state a yellow tent near his main tent was damaged. I observed a cut in the tent which appeared to be more of a 4" tear. Corky stated the tent was

Inv. R. Martin #163

used for the puppies but they did not like to stay inside the tent. Corky . stated when he talked to Ryan he had told him there was a female officer present when they "ran him". Corky stated Tiffany told him she saw three officers here, which would include the female officer.

Inv. Henderson verified the only damages incurred by him and his wife was her tire and the yellow tent. He did not have a value on the yellow tent as it was given to him. He did not have a value on the bike tire.

Law Supplemental Narrative:

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8 MARTIN R 15:52:13 05/12/2010

05/12/10 INTERVIEW RYAN LOPER 05/05/84 / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1115 HOURS

On 05/12/10 at 1030 hours Inv. Henderson interviewed Mr. Ryan Loper in the Investigations interview room. I observed the interview as it occurred. The interview was audio and video recorded and later burned to a DVD and placed into evidence. The following is not verbatim rather and overview of the conversation.

Mr. Loper randomly stated the tents from The Point to the roller dam were damaged. Later in the interview he stated the camps further up the Gunnison River had been abandoned 3-4 months ago, and you could not tell who the property belonged to.

Inv. Henderson asked Mr. Loper how he became aware of the incident. Mr. Loper stated he was walking towards camp, crossing the rail road yard. He ran into Tiffany and Robert and they told him cops were at The Point, and they could see patrol units parked on the hill. He stated he was concerned as the cops were not supposed to be at The Point. He stated they had been given tickets which they fought and won, resulting in the cops being out of jurisdiction. When asked when this event occurred he stated several years ago. Inv. Henderson explained if law enforcement was in the area looking for a subject in a case, which they were doing, it is okay for them to be there.

He stated upon leaving Tiffany and Robert he went the "back way" in, indicating via the cemetery down B 3/4 Rd. He stated at the tracks he encountered three cops. He stated there were two patrol units parked on what is described as being the west side of B 3/4 west of the tracks. He stated he spoke to one male officer; the other male and female officers were standing near the cars. He stated he thought there was another person (officer) in the bushes but could not tell for sure. Mr. Loper stated the officer who contacted him had a stack of photos with him, describing them as a sheet with eight or more pictures upon it. He asked the officer what was going on and was told it was none of his business. He gave the officer his ID and his current bond paper work. He stated the officer wrote his name down but told him he doubted he had warrants since he just got out of jail and his next court hearing had not yet occurred. He stated he asked the officer if he was being detained and was told he was not and he should leave the area.

Mr. Loper stated he left and went back to camp via the hill behind Hilltop Liquors. When he got into camp he put his stuff down next to his tent. Everyone else was there by then. He stated he noted his Blue and Grey 10x12 tent had the sides cut from corner to corner. He stated the tarp covering his

Mr. Loper stated 2 tubes and tires from his bike were cut, valued at $21.00 each ($42.00). He explained each tube was $6.00 and the tire $15.00. He explained his trailer was also damaged. He stated it was located up next to the rail road tracks. Inv. Henderson and I both noted the homemade trailer / cart located next to the tracks as you walk down the hill from the parking area. He stated the two tires and tubes on the trailer were also damaged, valued at $42.00. He explained he also had to buy tire slime which one bottle only

covers two tires. He stated those are $10.88 a bottle at Wal-Mart ($21.76). He stated when they came though the camp they knocked over his table which contained his bike tools. He stated he cannot find some of his tools at this time.

tent was also cut down and the poles were damaged. He stated he was very upset over this. He had to spend the rest of his money on a new tent. He stated it was taken down and burned before Jacob came around to take pictures. He valued the tent at $140.00. He stated his black tarp was valued at $35.00 and described it as being 24x36 in size. He stated one side was cut and a hole in the tarp due to it being cut down. He stated the yellow tent that was damaged was also his and was being used for the puppies by Corky. He stated he valued that tent at $60.00. He stated however he did not know if the rip was a result of this incident or wear and tear. He stated he did not wish to accuse someone of the damage if it (the rip in the yellow tent) was not involved.

When asked about other victims Mr. Loper stated he was aware of Mark moving all his stuff out as he did not feel safe anymore. He thought Tiffany's tires were cut, but could not remember if they had just gone flat or if he had replaced

the tires prior to us being at the camp (they were flat at that time). He stated Dotties tires were cut. As he went up stream on the Gunnison he stated Danielle Gordon's white and green tent had been slashed and been repaired with tape on both side. He stated next was Lumber and JUlie, then GI Joe, and then Jonathan's. He stated his friend Dean was going to put a camp up past Jonathan's but did not know if that had occurred or not.

It was explained to Mr. Loper that we would like to talk to Danielle and Mark. He stated he would see Danielle at the park when he left and would have her call Inv. Henderson.

Mr. Loper never indicated his property was entered or gone through, only damaged. Estimated total loss is $319.00. This does not include the optional tire slime ($21.76).

Inv. R. Martin #163

Law Supplemental Narrative:

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Seq Name

9 HENDERSON T 05/11/10 -

Date 08:50:50 05/13/2010 STATEMENT / STEVEN BALL (10/25/67)

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 1045 HOURS

On 05/11/10, about 1045 hours, I interviewed Steven Ball in an interview room at the Mesa County Sheriff's Office. The interview was recorded on a DVD which was later booked into evidence (Item TH2). The following is a summary of the interview.

Steven said he goes by the street name of "Lumber" or "Lumberjack" and he normally lives in a tent by the (Gunnison) river. Steven has been staying with his common-law wife, Julie Jacobs-Crawford-Ball, at an undisclosed address in Grand Junction. On Sunday, 05/09/10, about 1600 hours, Steven and Julie walked to the camp to get Julie's CD player from their tent.

Upon their arrival in the camp, Steven found that a blue tarp had been taken off his tent. The tarp was previously held down with large rocks. Steven saw a large slash in the shape of an upside down "T" in the side of his tent. Steven said the contents of his tent were wet because the tarp had been removed. There did not appear to be anything missing from inside. Steven could not recall the brand name of his tent but he said it was purchased at Wal-Mart and was valued at about $100.00.

After Steven discovered the damage to his tent, he spoke to other persons who live in the area and was told Police Officers had been in the area looking for a copper thief when the incident occurred. Among the persons Steven talked to were "Corky" (Clarence Locke) and "Dottie" (Dorothea Locke) who said they believed the Police Officers had damaged their property.

Near the conclusion of the interview, I told Steven I was attempting to identify an additional victim in this case whose first name is Mark. I showed Steven booking photographs of both Mark Deckard (05/21/70) and Mark Hirschberg (10/14/56). Steven first looked at the photo of Hirschberg and said, "That's not him." Steven then looked at the photo of Mark Deckard and said Deckard formerly lived in the area where this incident occurred but he has recently relocated somewhere else. Steven thought Deckard may have still had property in the camp. (I later discovered through a television interview conducted by KREX TV that Mark Hirschberg was the person I was trying to identify.)

The interview was concluded a short time later.

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Seq Name

10 HENDERSON T 05/13/10 -

Date 16:39:40 05/13/2010 STATEMENT / OFFICER THOMAS RAYS IDE

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 0913 HOURS

On 05/13/10, about 0913 hours, Investigator Robin Martin and I interviewed Officer Thomas Rayside in an interview room at the Mesa County Sheriff's Office regarding this case. The interview was recorded on a DVD which was later booked into evidence (Item TH3). The following is a summary of the interview.

I asked Officer Rayside to tell me how he became aware of the incident that occurred at "The Point." Rayside said he was on a call with Officer Heil on Monday, 05/03/10 during the late afternoon or early evening. Rayside explained that he came in late that day and didn't start his shift until about 1330 hours. After the call, Heil told Rayside about a statement made to him by Officer Roberts. Heil told Rayside that Roberts mentioned something about having food on his nightstick and cutting open tents in a homeless camp. Heil told Roberts if he did damage the tents it was criminal mischief. Roberts responded by saying, "No, it was abandoned property." Heil asked Rayside if he thought Roberts would have done such a thing and Rayside did not think so. Rayside did not recall whether or not he and Heil finished their conversation or if they had to clear for another call. Rayside did not think he saw anyone from the other dayshift team, which is supervised by Sergeant Baker, that day at all. Rayside said he was hired at the same time as Roberts and he has heard him say things in the past for, "Shock value."

On Thursday, 05/06/10, Sergeant Chapola sent Officers Rayside and Heil to assist Officer Taylor in contacting the "Kemps" in reference to a report of the theft of a dog. Sergeant Chapola asked them to find out when the Kemps were in the homeless camp where the dog was stolen because he was investigating a complaint of an incident that occurred in the same area. After Sergeant Chapola left the area, Heil asked Rayside if he thought the complaint could have had anything to do with the incident Roberts had mentioned the previous Monday. Rayside said he did not know. Rayside spoke to the Kemps as assigned and they said they had the dog for a couple days. After the call, Rayside informed Sergeant Chapola about what he was told by Heil about Roberts' statements. Rayside was later interviewed by Commander Martinez about the incident.

Investigator Martin asked Rayside to identify the members of his patrol team. Rayside identified his team as Sergeant Chapola, Corporal Roquemore, Officers Heil, Keech, Kopp, Mike Smith and Taylor. Rayside said Mike Smith is the K9 Officer and he was working on Monday, 05/03/10. Rayside recalled that after they cleared the call with the Kemps on Thursday, Officer Heil said he was going to call phil (Van Why) and Justin (Roberts) and ask them to contact

Sergeant Chapola about the complaint.

I asked Rayside if he was aware of any officers being in the area of the Department of Energy during the late morning hours of 05/03/10. Rayside was not aware of any officers in that area at that time and he was not aware of there being any female officers or ride-alongs being with either team as explained by Ryan Loper during his interview.

Officer Rayside appeared to have no other direct knowledge of this incident.

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11 MARTIN R 08:25:10 05/14/2010

05/12/10 INTERVIEW OFC ROBERT HElL / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1400 HOURS

On 05/12/10 at 1400 hours Inv. Henderson and I interviewed Ofc. Robert Heil in the Investigations interview room. The interview was audio and video recorded and later burned to a DVD and placed into evidence. The following is not verbatim rather and overview of the conversation.

Inv. Henderson asked Ofc. Heil how he became aware of the incident on May 3, 2010. Ofc. Heil stated he had just finished a call with Ofc. Roberts around 1200 hours. He stated they were talking at their patrol cars located in the Pufferbelly parking lot. He explained they were by themselves. He stated he could not remember how the conversation came about. He thought it was possibly due to them talking about them (Ofc. Heil and another officer) looking for someone at the park and it lead into the comment somehow.

He stated Ofc. Roberts said something about debris on his night stick. He did not remember seeing anything on it, or recall asking about it. He stated Ofc. Roberts told him he had been hitting some food items at a transient camp with his night stick. He knew Det. Faussone was looking for a transient suspect in some case. He stated Ofc. Roberts told him it was him and another officer (Ofc. Van Why) down at a transient camp, he could not remember if he specifically stated The Point, and they had food lying around. He stated he was basically "goofing around" from the way Ofc. Roberts described what was going on. He stated Ofc. Roberts told him they had cut some tents down. At that time

he imagined Ofc. Roberts cutting down rope that held up a tent. Ofc. Robert's then stated he cut a tent, and it was Ofc. Heil's understanding Ofc. Robert's actually cut a tent. He stated no reason was given for that.

Ofc. Heil explained Ofc. Roberts makes outrageous comments from time to time; it was his sense of humor, in an attempt to get a shock reaction out of people. He stated he told Ofc. Roberts "You did what?" Ofc. Roberts told him again he had cut some tents. He stated Ofc. Roberts will tell you something straight faced that's off the wall, will maintain the straight face and you do not know if to believe him. He told Ofc. Roberts he could not do that, still not knowing if he should believe him. Ofc. Roberts stated to him "oh it's no big deal; it just abandoned stuff / property down there."

He stated he came into contact with Ofc. Rayside on another call. He stated he talked to Ofc. Rayside about Ofc. Roberts' comments of cutting up tents at a transient camp. He did not know what to think about it, didn't feel quite

right about it. He stated Ofc. Rayside also knows Ofc. Roberts sense of humor and stated it was just Justin talking stuff.

Ofc. Heil stated a few days passed and he did not think about it. He stated he was going to contact Ofc. Van Why on the following Monday about it and see what he had to say. He stated that Friday he overheard a complaint was received and something to do with officers and transient camps. That made him think about Ofc. Roberts' comments again. He stated he actually called Ofc. Van Why at that point and told him "Hey were you at the camps? Ofc. Roberts said this

happened." Ofc Van Why told Heil they had cut some tents looking inside, looking for someone. Heil stated he told Ofc. Van Why he needed to call Sgt. Chapola (day shift supervisor). Heil told him he had heard about a complaint received about a transient camp. He later found out Ofc. Van Why had called in to Sgt. Chapola. He stated he later spoke to Ofc. Rayside and he told him he too had spoken to Sgt. Chapola. He stated he also spoke to Sgt. Chapola and Cmdr. Martinez as well. Inv. Henderson asked if he had heard of any other officers in the camp that day besides Roberts and Van Why. He stated he did not.

We discussed the team dynamics as to who worked for whom. He explained he works on the same team as Ofc. Rayside. Ofc. Roberts and Van Why work on the other day shift (Sgt. Baker's team, Friday-Monday), and they only overlap on Mondays. I asked if there were any ride-a-Iongs that day and he stated he did not think

so. He explained Dispatch has been riding a lot lately but did not remember a specific rider. He confirmed they did not have a female officer on his or Sgt. Baker's team. He verified he has been employed since 2006 and believed

Rayside, Roberts and Van Why were hired in the same year as well. He stated he and Rayside have worked on the same team for about three years. He was asked if he knew Roberts and Van Why very well, and he stated he did.

He verified Ofc. Roberts has always been a "'talker". Inv. Henderson asked him if once he found out about the complaint if it validated the comments or was he surprised by it. He stated reference being surprised, no not really. He

stated once he started thinking about it, maybe it was possibly true. He stated when Ofc. Roberts initially told him about it he thought he was blowing smoke. Once the complaint came in he realized it was potentially serious, he knew it was important for him to come forward along with Ofc. Rayside. He stated he wanted Ofc. Van Why to have to opportunity to talk to his Sergeant before he was contacted by a Sergeant.

In an effort to clarify the Loper contact, Ofc. Heil did not have more information. He was unaware of what time the original incident had occurred, but thought it was prior to them coming on duty. When asked about a K-9 unit he was unsure if K-9 Ofc. Smith was on duty or not, he thought he was off, but again unsure.

We went over the stolen dog case. He was involved with Ofc. Taylor and Rayside in the recovery of the dog. He stated it was his understanding the dog was reported stolen a few days prior to its recovery.

I asked him due to Robert's sense of humor, if he has talked about doing other stuff of the same nature. He stated no not really. He stated when the medical marijuana stuff came out he joked he was going to get his card. He stated it was stuff like that just to shock people. I asked him if he has ever known Ofc. Roberts to have issues with the homeless people, and he stated no not that he has ever seen or heard. He stated he has gone on numerous calls with him, and never saw any issues like this involving the homeless. I verified with him for as long as he has known Ofc. Roberts he (Ofc. Roberts) knew what the boundaries of what you do and don't do were clear and he stated yes.

We thanked Ofc. Heil for him time and concluded the conversation.

Inv. R. Martin #163

Law Supplemental Narrative:

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Seq Name

12 HENDERSON T 05/14/10 -

Date 12:44:59 05/14/2010 SUMMARY OF VICTIMS AND DAMAGES / INVESTIGATOR HENDERSON

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 1245 HOURS

The following is a summary of the victims that have been contacted and disclosed the following damage to their property alleged to have occurred at "The Point" on 05/03/10.

Joseph Widener: Door slashed on a orange and gray tent with a green canopy. Replacement value $200.00. Widener claimed the contents of his tent were ransacked and a backpack and its contents were missing along with a Coleman lantern. The Coleman lantern was in plain view underneath the edge of one of the tents when Investigator Martin and I were there on Monday 05/10/10. It appears likely Widener did not spend much time looking for his property baaed on his admitted anger about the incident. Total loss $200.00.

Jonathan Llewellyn: Tent door cut or possibly ripped, tent poles broken. Replacement value $150.00. Llewellyn thought his property had been moved inside the tent but none of his bags were dumped out. Total loss $150.00.

Clarence "Corky" and Dorothea "Dottie" Locke: Rear tire and tube slashed on bicycle. Replacement cost $30.00. Total loss $30.00.

Ryan Loper: Sides of blue and gray 10' X 12' tent were slashed and tent poles were broken. Replacement cost $140.00. Black 24' X 36' tarp damaged/cut. replacement cost $35.00. Two bicycle tires and tubes slashed. Replacement cost $42.00. Two cart tires and tubes slashed. Replacement cost $42.00. Total loss $259.00.

Steven "Lumberjack" Ball: Upside down "T" cut into side of tent. Replacement cost $100.00. Total loss $100.00.

Mark Hirschberg: Tent door damaged. Replacement cost $55.00. AM FM CD radio missing. Replacement cost $13.00. Two bike tires and tubes damaged. Replacement cost $30.00. Total loss $98.00.

Danielle Gordon and Richard Rhoades were identified by other victims as having their tent damaged. Danielle had an appointment for an interview on 05/13/10 but she failed to show up. Danielle and Richard's loss is unknown at this time.

The total estimated replacement cost of damaged property is $977.00.

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13 HENDERSON T 05/13/10 -

Date 14:48:01 05/14/2010 STATEMENT / OFFICER MIKE SMITH

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 1457 HOURS

On 05/13/10, about 1457 hours, I met with Grand Junction Police Officer Mike Smith in an interview room at the Mesa County Sheriff's Office. Officer Smith was the only K9 Officer on duty during the time frame that this incident occurred on 05/03/10. Officer Smith provided me with a printout of his activities from the time he went into service at 0922 hours until he went off duty at 1903 hours. Officer Smith received the document from the Grand Junction Regional Communications Center. I later placed the document in the case file.

The unit history indicates Officer Smith left the office for a vehicle transport at 1013 hours. Smith explained that Officer Taylor took a marked patrol car to West Star Aviation. The patrol car was parked there because of recent incidents that have been occurring at the location. Officer Taylor rode back to the Grand Junction Police Department with Officer Smith after they both attended a meeting at West Star Aviation. Officer Smith was as at the meeting from 1053 hours until 1328 hours.

Officer Smith has not heard any direct information about what occurred from any of the officers involved in this incident. Officer Smith said the only officer that drives an SUV in addition to the K9 Officers is Sergeant Norcross with the traffic unit.

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14 HENDERSON T 05/14/10 -

Date 14:50:38 05/14/2010 STATEMENT / OFFICER WRIGHT, OFFICER ARMENDARIZ

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 1040 HOURS

On 05/14/10, I spoke to Officers Travis Wright and Matthew Amendariz in an interview room at the Mesa County Sheriff's Office. The interviews were recorded on a DVD which was later booked into evidence (Item TH4). the following is a summary of the interviews.

I spoke to Officer Wright about 1040 hours. Wright said he has only been on his current patrol team for about three to four weeks and no one really talks to him. Wright said on Monday 05/03/10, about 0917 hours, he was dispatched to a call at 2466 Highway 6 & 50 in Grand Junction (GJPD Incident #10-025393). Wright found that windows had been broken out of the building which was vacant. Wright spent at least two hours on the call tying to find someone to notify about the damage and the fact that the building was not secure. Wright recalled hearing officer initiated activity on the radio that morning but he did not recall what the activity was. Wright provided me with a copy of a page out of his notebook which documented the above information.

On Friday, 05/07/10, Wright heard Sergeant Stoneburner call Officer Roberts on the radio and tell him (Roberts) to stop whatever he was doing and return to the office immediately. Wright had no idea what was going on at that time. Wright was told later that day that half his team had been sent home. Officer Wright had absolutely no information about what occurred at "The Point" on 05/03/10.

I spoke to Officer Matthew Amendariz about 1120 hours. Amendariz said on Monday, 05/03/10, about 0830 hours, he and Officer Struwe were dispatched to East Indian Creek on a domestic violence call. Amendariz and Struwe returned to the PD and spent several hours working on the call. Officer Struwe spent the afternoon working on a warrant for the domestic violence case and Amendariz spent the afternoon working on a warrant for an unrelated case.

On Friday, 05/07/10, Armendariz was in the locker room when he saw Officers Roberts, Van Why and Mulcahy talking to each other. The only thing Armendariz heard was Roberts asking Mulcahy if he had trouble sleeping the night before. Armendariz later heard DC Zen call Officer Roberts on the radio and tell him to return to the PD. Later that day, the Chief sent out an e-mail to the department advising them of an internal investigation.

TCH/tch

Armendariz had no knowledge of the incident that occurred at "The Point" on 05/03/10.

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15 MARTIN R 15:35:34 05/14/2010

05/13/10 INTERVIEW MARK HIRSCHBERG / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1158 HOURS

On 05/12/10 at 1158 hours Inv. Henderson and I interviewed Mark Hirschberg in the Investigations interview room. The interview was audio and video recorded and later burned to a DVD and placed into evidence. The following is not verbatim rather and overview of the conversation.

While walking down the hall to the interview room, Mark stated "what good is going to corne out of this?" Inv. Henderson told him he did not know that yet. Mark stated "I don't like any of you guys". Inv. Henderson explained to him he was welcome to have his own opinion. As we walked into the room Mark stated he was very pissed off. Instead of a 10 minute walk to. town he now has a 45 minute walk and he was on parole and could not handle this type of drama.

Inv. Henderson explained to him that we were interested in the damages he incurred and what he knew of damaged property belonging to other people.

Mark stated there were 8-10 people or tents. He explained his radio valued at $13.00 was damaged. They had cut up his tent ($55.00), tarps, ropes, bungee cord, and stabbed his bike tires ($30.00). He was cursing while he stated this.

Inv. Henderson asked when he left camp that morning and Mark stated he had gone to the day center, probably at 0700 hours. He stated if he had been there he would have ... He left it open as a hostile statement not explaining what actions he was going to take. At this point Inv. Henderson explained to him we were here to help, we had done nothing to him. Mark interrupted stating he knew that and was just trying to get stuff off his chest.

Mark stated he returned around 1000 hours. He stated he was unsure of the time, but there were other people back in the camp at that time. He stated Ryan, Dottie, Corky, Robert and Tiffany were there. Ryan told him about the bike tires. He explained he and Ryan were in the same camp circle. He explained it was sliced in an "X" across the front, and he did not know where the zipper was. He was supposed to get a new tent today. The damaged tent had been given to him. He stated everything his tent was tied to was cut down, tore up. He stated the radio had been on the branches where the tent and tarp had been tied too. He denied anything was missing from his camp.

He stated he was present when Jacob came by and took pictures. He stated he had his hands in the photo showing his door which he had already started to repair.

He stated what makes him the maddest was the fact his tires were damaged. He

stated he is an older guy and the walking was what was getting to him.

He stated as far as he knew Lumber, Danielle / Richie, Ryan, Dottie, Corky, Tiffany and Robert had stuff damaged. He stated they do not go upstream much so he does not know about anyone else. He stated originally he was going for stuff like stoves, lanterns, portable DVD players but he was not going to "bull shi t you guys".

Inv. Henderson asked about Danielle. He stated she knew we wished to talk to her. He stated he did not know if she would come in like she was supposed to with him today.

I verified with him he did not see who did this, no one who was not to be in the camp and he stated no, only Ryan saw it. He did not have any more information about the dog case either.

Total loss for Mark is $98.00. Inv. R. Martin #163

Law Supplemental Narrative:

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16 MARTIN R 09:33:40 05/17/2010

05/13/10 INTERVIEW TIFFANY SEVENANS 06/15/75 / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1011 HOURS

On 05/13/10 at 1011 hours Inv. Henderson and I interviewed Ms. Tiffany Sevenans in the Investigations interview room. The interview was audio and video recorded and later burn to a DVD and placed into evidence. The following is not verbatim rather and overview of the conversation.

I asked MS. Sevenans how she became aware of the incident. She stated her and her then boyfriend Robert Brugtrof left camp around 0900 hours and went to the day center to shower. She stated they were coming back to camp at 1100 hours via the railroad bridge area. She stated she notice several (possibly 3-4) patrol units on the hill. She said she also saw a K-9 unit parked on the North side of the river next the bridge. (As described later this should be adjacent to and behind the junk yard located to the east of the railroad trestle.) She stated she then saw 3-4 cops walking up from the camp onto the railroad tracks. She stated she and Robert sat down at the bench located on the west side of the bridge, as part of the river front trail. She verified the time as she had looked at her phone and was trying to call her parents.

Ms. Seveans stated she never saw a K-9 officer, or a canine. She later stated Robert told her it was a K-9 unit as he had remembered the "number" associated to the K-9 vehicles, but she did not remember what that number was.

Ms. Sevenans stated they sat on the bench and watched the cops. She stated they went up the hill to their cars and stood around for about 15-20 minutes. She stated they stayed at the bench until the cops left. She said she and Robert then walked into town looking for her parents. They went by the soup kitchen and to the park to find them. She stated while they were in town they ran into Ryan near the soup kitchen and told him the cops were in the camp. Ryan told her he was going to go in the back way and left. She stated she located her parents and all four of them walked back into camp. She thought she was in town for 45-60 minutes, making it back to camp at 1200 or 1230 hours.

I asked Ms. Sevenans what she owned that was damaged. She stated her bike tire was flat. I asked her if she looked at the bike and she stated no. She described it as being the Black Free Spirit bike. I explained to her we had been to the camp on Monday and Jacob looked at her tire, unable to locate any damages. She stated that was the only thing she had. She stated her tent was

not damaged, all one had to do was pull down the top front flap and look inside. She stated several times "they looked inside" but could not explain why or how this could be proven or substantiated. She stated Robert was staying with her and nothing he owned was disturbed.

I asked who else had property damaged. She stated Richie's tent was damaged. We explained the name Richie had not come up. She stated the tent Danielle was claiming was not really hers but Richie's. We clarified Daniele and Richie (Rhoades) were a couple. She continued to disagree about the ownership after it was explained Daniele was claiming damages via the media and was residing with Richie. It was later learned that Richie and Daniele were involved in a domestic violence incident where a restraining order is involved, possibly leading to Ms. Sevenans claims. She continued to state Mark, Lumber and Julie had their tents damaged. She stated Dottie's tent was left open.

I asked her if she saw any female officers. She stated she thought she had. She stated it was one of the cops walking (away from her) back up to the cars was female. She stated she was wearing the same clothing as the others cops and had black hair. As she described this she was motioning with her hand indicating longer hair. When I asked her about the hair length she could not clarify, and stated she only got the impression it was a female due to body and facial appearance. She could not describe the female for me, claiming she was bad at describing people.

I asked about the dog incident. She stated that happened the same day. She stated the puppy was there when she left. When she returned it was gone. She stated her parents left after she and Robert did. She stated Roger Kemp was at the camp the night before talking about the dog. I asked if there were groceries there. She stated there was but Mr. Kemp was talking like he wanted to buy the puppy and was going to bring them money for the dog. She stated they did get the dog back.

The conversation was concluded at that time.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

17 MARTIN R 13:53:50 05/17/2010

05/17/10 INTERVIEW OFC MICHAEL STRUWE / INV. R. MARTIN #163

CASE

- 10L3813

DEPUTY - INV. R. MARTIN #163

TIME

- 1014 HOURS

On 05/17/10 at 1014 hours Inv. Henderson interviewed Ofc. Michael Struwe in the Investigations interview room. The interview was audio and video recorded and later burned to a DVD and placed into evidence. The following is not verbatim rather and overview of the conversation.

Inv. Henderson asked Ofc. Struwe how he became aware of the incident on May 3, 2010. He stated it was not until the e-mail from the Chief came that he put everything together. Ofc. Struwe stated the morning of 05/03/10 they were all in briefing. He stated Det. Faussone had come in and was looking to locate a transient reference a copper theft. He just wanted the transient located as a consensual type contact to see if he would come in and talk to him. Ofc. Struwe stated he did not recognize the name given. He stated he was also not familiar with the transient camps. He stated Ofc. Roberts, Van Wyand Mulcahy were sitting together and they took interest in the transient. He stated they seemed to know who the person was and an area he may be in.

He stated he cleared briefing and did a traffic stop. He stated the next call he got involved in took up the rest of the day. He stated Eric Ludwick had rammed his car into his wives (Tessa Wyrick). He stated it turned into a felony restraining order violation and officer safety issue. He stated when he cleared the actual scene he (and Ofc. Amendariz) returned to the office around 1030 or 1100 hours and worked on paper all day, then went to the DA's office with his case. He stated while at the office he was "loosely" aware of radio traffic going on, officers talking back and forth, thinking he also heard Det. Faussone on the radio. He stated he figured it was Robert's, Van Wyand Mulcahy looking for Det. Faussone's subject reference to the camps.

Ofc. Struwe stated they went on days off and came back on Friday. He arrived later than normal for him to change in the locker room. He stated Ofc. Mulcahy was still there, no one else. He stated Sgt. Baker came in and asked him if he would do briefing in the event he was not there. He stated that did peak his interest as it was not normal. When they got to briefing Sgt. Stoneburner had stayed over (which was not unusual) and did briefing. He stated after they cleared, about 30-40 minutes later Sgt. Baker called Ofc. Van Wy to come in. He stated he remembered thinking he was glad it was not him.

Inv. Henderson thankep him for his time and concluded the conversation.

afc. Struwe stated a bit later dispatch was trying to get Mulcahy on the radio and he was not answering. He stated he went to the office to take the calls dispatch was trying to give Mulcahy and saw the Chief e-mail that three of his teammates were on leave.

afc. Struwe verified he was a lateral transfer hire to the GJPD in December 2009. He stated he was assigned to this team in April 2010. He stated he knew the 6-7 people on his team better than the rest (of the department) only because of his time with the department.

Inv. R. Martin #163

Law Supplemental Narrative:

Supplemental Narratives Narrative

Date 08:50:12 OS/25/2010 ATTEMPTED OFFICER INTERVIEWS / INVESTIGATOR HENDERSON

Seq Name

18 HENDERSON T OS/25/10 -

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 0850 HOURS

On 05/13/10, about 1056 hours, I spoke to Officer Mulcahy on the telephone and asked if he was willing to talk to me about this incident. Mulcahy said he would contact his attorney and call me back with an answer. On 05/14/10, about 1000 hours, Mulcahy called me and said he had been advised by his attorney not to talk to me.

On 05/13/10, about 1120 hours, I spoke to Officer Van Why on the telephone and asked if he was willing to talk to me about this incident. Van Why said he has retained an attorney and he was not willing to talk to me.

On 05/13/10, about 1122 hours, I spoke to Officer Roberts on the telephone and asked if he was willing to talk to me about this incident. Roberts said he was willing to talk but he wanted to contact his attorney first. On 05/14/10, about 1010 hours, I again spoke to Roberts who said he had an appointment at 1430 hours that same day with his attorney.

On 05/14/10, about 1600 hours, I received a call from Attorney Martha Kent who said she was representing Roberts in this matter. Kent said she was in training the following week but she would call me on Wednesday 05/19/10. On 05/19/10, about 1107 hours, Kent left a voice mail on my office phone saying she was not yet willing to allow me to interview Roberts. Kent said she was in training the rest of the week and she "may" call me back the following week. I have not spoken to Kent as of this writing.

TCH/tch

Law Supplemental Narrative:

Supplemental Narratives Narrative

Seq Name

19 HENDERSON T OS/27/10 -

Date 09:48:51 OS/27/2010 TELEPHONE CALL / MARTHA KENT RE OFFICER ROBERTS

CASE NO - 10L3813

INVESTIGATOR - TIM HENDERSON #150

TIME - 0940 HOURS

On OS/27/10, about 0940 hours, I received a telephone call from attorney Martha Kent advising that Justin Roberts would not be coming in for an interview. I informed Kent that the case will be reviewed by the District Attorney's Office for possible misdemeanor charges.

TCH/tch