Posts tagged Boulder County District Attorney
Boulder police: Two Boulder police officers resign; internal investigation continues into elk incident0
The two Boulder Police Department officers involved in the death of an elk on New Year’s Day have resigned their positions, effective immediately.
Sam Carter and Brent Curnow both turned in letters of resignation to Boulder Police Chief Mark Beckner. Chief Beckner has accepted their resignations.
Although both officers are no longer members of the police department, the internal personnel investigation into the circumstances and their behavior on Jan. 1 and Jan. 2, 2013 will continue.
Both officers faced termination for their actions on Jan. 1 and Jan. 2, 2013.
“The Boulder Police Department does not tolerate this kind of behavior,” said Chief Mark Beckner. “Police officers and other members of this department will be held accountable for their actions and behavior, and we want the community to know how seriously we take this breach of trust,” said Beckner.
The department hopes to complete its internal investigation quickly. In a separate criminal investigation, the Boulder County District Attorney’s Office charged Carter and Curnow with multiple crimes last Friday.
Boulder Chief of Police: Department supports charges against officers who killed elk; apologizes to community0
Statement from Boulder Police Chief Mark Beckner:
As you know, Boulder County District Attorney Stan Garnett has announced that his office will file charges against the two Boulder Police officers involved in the shooting death of the Mapleton elk on January 1st. The officers face three felony charges in addition to a number of misdemeanor charges.
The Boulder Police Department fully supports the decision of the district attorney to pursue charges in this case. It’s the right decision, and the Department has assisted and cooperated fully with the Colorado Division of Parks & Wildlife and the Boulder County District Attorney’s Office.
Officers Sam Carter and Brent Curnow have been on paid administrative leave since January 3rd, while the case has been investigated, as dictated by department policy and contractual due process.
Effective immediately, I have placed Sam Carter and Brent Curnow on unpaid administrative leave.
We realize that this case has hit a sensitive nerve in the Boulder community, and I want to reassure our community that I understand their concerns and that I intend to hold these officers accountable for their actions.
While the criminal investigation has (mostly) wrapped up, there is still an internal personnel investigation underway at the Boulder Police Department. This investigation is different and separate from the criminal investigation, and has to do with whether these officers may have violated rules, policies or procedures. We needed to proceed cautiously with the internal investigation because we didn’t want to interfere with the criminal investigation. The Boulder Police Department provided some of the evidence for the criminal case and cooperated fully with investigators.
We hope to move quickly now to complete our internal personnel investigation. Once that is finished, there is a review process that includes a combined community and department member review panel which will provide recommendations to me on the final disposition. If the allegations are sustained, the discipline for such allegations – including being untruthful – would typically be termination from employment.
We apologize for this unfortunate incident. We want our community to know that we take their concerns very seriously and that we’re working hard to correct this situation.
Suspect in sex assault arrested in Hawaii
Boulder police detectives investigating an alleged sexual assault have issued an arrest warrant for Nicholas Philip Foti (DOB 12/12/1991). Foti was arrested yesterday, Dec. 20, 2012 in Honolulu, HI where he was visiting family. Foti was scheduled to make an initial appearance today in Hawaii. Extradition to Colorado is pending.
Foti is accused of sexually assaulting a 19-year-old female in September 2012. The assault was not immediately reported. The attack took place at her home, which is located in the 900 block of 12th Street.
The victim told police that she was home alone during the early-morning hours of Sept.15, 2012, when Foti and another male entered her residence without her permission, looking for one of the victim’s roommates, with whom Foti was acquainted.
The victim says Foti sexually assaulted her when he realized she was by herself. Police believe the other male witnessed the attack.
According to the victim, Foti and the other male called her numerous obscenities during the incident. Before leaving the residence, they vandalized the kitchen and smashed a bicycle.
The case number is 12-15382.
Foti’s bond has been set at $50,000 in Boulder. He faces one charge of Sexual Assault, one charge of Unlawful Sexual Contact and one charge of First Degree Burglary. Boulder police and the Boulder County District Attorney’s Office are working with Honolulu police to extradite Foti back to Boulder.
Foti is currently on probation because of his involvement in the brutal beating death of a raccoon in November 2011.
Anyone with information about the sex assault case is asked to contact Detective Jack Gardner at 303-441-1851. Those who have information but wish to remain anonymous may contact the Northern Colorado Crime Stoppers at 1-800-222-TIPS (8477) or 1-800-444-3776. Tips can also be submitted through the Crime Stoppers website at www.crimeshurt.com. Those submitting tips through Crime Stoppers that lead to the arrest and filing of charges on a suspect(s) may be eligible for a cash reward of up to $1,000 from Crime Stoppers.
Suspect arrested; linked to more than 50 burglaries in University Hill area
Boulder police have arrested Daniel Stewart Cooper (DOB 11/22/1977) in connection with dozens of burglaries which occurred in the University Hill area between April and September of 2012.
Cooper was arrested on Sept. 5, 2012 after two victims of a residential burglary saw Cooper walking nearby, carrying the victim’s stolen backpack and laptop. The victims contacted police and although Cooper fled, police found him hiding in some bushes on University Avenue. He fought with police and faces charges of Obstructing a Police Officer, Resisting a Police Officer and Second Degree Assault on a Police Officer. (Case numbers: 12-12169 & 12-12174).
Police believe Cooper is responsible for between 50-and-100 burglaries in the area that roughly borders Broadway to 9th Street, and Euclid north to Grandview (University Hill). Cooper was mainly looking for drugs, but would steal electronics and other items from homes if they were available.
Cooper only targeted unlocked residences. In many cases, the doors were not only unlocked but left open, and Cooper would help himself to food, alcohol, clean clothing, a shower and various personal toiletries. In many instances, residents were home and asleep when Cooper entered. In a few cases, residents confronted him during the burglary. Cooper usually pretended to know someone at the home. Those victims allowed him to leave peacefully without contacting police. Cooper repeatedly burglarized several residences where doors had been consistently left unlocked.
Police believe Cooper committed an additional 34 burglaries in Boulder, but those have not been reported to police.
Police also believe Cooper committed Unlawful Sexual Contact of an adult female, and several vehicle thefts.
Daniel Stewart Cooper currently faces the following charges:
- 23 counts of Second Degree Burglary
- 4 counts of Second Degree Assault on a Police Officer
- 1 count of Unlawful Possession of a Weapon by Previous Offender
- 1 count of Unlawful Sexual Contact
- 1 count of Resisting a Police Officer
- 1 count of Obstructing a Police Officer.
Cooper is being held in the Boulder County Jail. Charges for the vehicle thefts are being processed by the Boulder County District Attorney.
Anyone with information about these burglaries is asked to contact Detective Kristin Weisbach at 303-441-4474. Those who have information but wish to remain anonymous may contact the Northern Colorado Crime Stoppers at 1-800-222-TIPS (8477) or 1-800-444-3776. Tips can also be submitted through the Crime Stoppers website at www.crimeshurt.com. Those submitting tips through Crime Stoppers that lead to the arrest and filing of charges on a suspect(s) may be eligible for a cash reward of up to $1,000 from Crime Stoppers.
Boulder police detectives arrested a 22-year-old man today in connection with an alleged assault that took place in November 2009.
Erick Berdinner (DOB: 2/20/1990) faces a charge of First Degree Assault, a class 3 felony.
Police believe Berdinner is responsible for the 2009 assault of 41-year-old Timothy Aughinbaugh. Aughinbaugh suffered serious facial injuries during the assault and was taken to the hospital for treatment. The two men were acquaintances.
No arrests were made at the time because of inconsistencies in statements made by several of the people involved in the case. The Boulder Police Department also consulted with the Boulder County District Attorney’s Office, which declined to file charges.
Timothy Aughinbaugh died in November 2011.
This past spring, Berdinner and his girlfriend were allegedly involved in an unrelated forgery case in another jurisdiction. After seeing news reports about that case, several people came forward to offer information to Boulder investigators about the 2009 assault of Aughinbaugh. After further investigation by Boulder detectives, the Boulder County District Attorney’s Office reviewed the case once more and an arrest warrant for Erick Berdinner was signed and executed today.
Berdinner remains in custody at the Boulder County Jail. His bond has been set at $50,000.00.
Anyone with information about this case is asked to contact Detective Tom Dowd at 303-441-3385. The case number is 09-14959.
Boulder police investigating early-morning shooting of intruder
Police in Boulder were called to a home in the 400 block of College Ave. at 3:26 a.m. after a resident reported that he had shot an intruder.
The male and female homeowners (husband and wife) had been sleeping in their bedroom when they were awakened by a noise, which they initially thought may have been a raccoon outside their exterior bedroom door. The screen door was closed but unlocked.
When the female homeowner realized that the noise was not a raccoon, but someone who had opened the door and entered the bedroom, both she and her husband shouted for the intruder to get out. According to the homeowners, they continued to shout to warn the intruder to leave. The male homeowner shouted that he had a gun and would use it if the intruder did not leave immediately. The intruder continued walking through the bedroom, toward the couple. The couple could see a light that the intruder was carrying as the intruder continued toward the bed.
The husband and wife told police the intruder would not acknowledge their demands to leave. At that point, the husband fired one shot toward the light, and heard what sounded like something falling onto floor. When the husband turned on the light, they saw an unknown female intruder on the floor with a gunshot wound to her hip. The couple called 911.
The female intruder was taken to the hospital for treatment. Her injuries do not appear to be life threatening.
Police are continuing to investigate this case and are working in partnership with the Boulder County District Attorney’s Office. At this time, police are not releasing the names of the homeowners or the female intruder, because the case remains open. No further information will be released at this time.