Duran-Grand-Jury

05/19/2016 THU 10:18 FAX 7193844772 Oterc County Court 002/005 9* Re derailed DISTRICT COURT, COUNTY OF OTRRO, COLORADO Oterc County District Court - Gangs IN THE countries" 13 w. Third St. Room 207 LaJunta, CD 81050 APR 2 2015 IN RE: 2015-2010 16TH JUDICIAL DISTRICT GRAND JURY Special Prosecutor: . GEORGE H. RRAUCHLER, . 1s?? Judicial District Attorney Grand Case Number- 6450 Revere Parkway Centennial, CO 30111 . . . Phone Number: 720.374.3500 D?V?Smnicm' Atty. Reg. 25910 16?? JUDICIAL DISTRICT GRAND JURY REPORT The 16"? Judicial District Grand Jury of" 2015-16 (?Grand Jury?) has determined it would be in the public interest to issue a report regarding the use of force against Donovan Duran on December 7, 2015 in La Junta, Colorado. By this report, the Grand Jury certifies that it has considered the statutory definition of ?public interest" as defined by ?16-5-205.5, CR8. and, through an af?rmative vote, speci?cally ?nds that this investigation of the allegation of abuse of authority by a peace of?cer pursuant to ?16-5-205.5 5(b) would be of public interest. The District Attorney for the lti"h Judicial District, Jitn Bullock, declared a con?ict of interest. Due to this declaration of a con?ict, the investigation was referred to the Grand Jury on March 3, 2016 by District Attorney George H. Branchler of the 18?h Judicial District, acting as a Special Prosecutor, by and thrOugh his deputies Assistant District Attorney Mark Hurlbert and Chief Deputy District Attorney Clinton McKinzie. This investigation was conducted by the Grand Jury without bias or prejudice, and without connection to any parties to the investigation. The Grand Jury heard evidence and testimony over a three-day period from live witnesses, expert witnesses, and reviewed numerous body-cam videos, photographs, a videotaped experiment, and medical evidence. Background Agents Kevin Koback and Joseph Cahill of the Colorado Bureau of Investigation conducted an investigation into the injuries received by Donavon Duran on December 7, 2015, and usc of force by Sergeant Fralcer of? the La Junta Police Department during Duran?s arrest and transport to the Arkansas Valley Medical Center for a tnental health evaluation. Agents Koback and Cahill testi?ed that Donovan Duran (cans/01) has resided in Otero County, Colorado for most of his life and is known to local law enforcement as a mixed martial arts ?ghter. He has had numerous contacts with law; enforcement over the years. The most recent contact, or series of contacts, began in the early morning hours on December 5, 2015, when Mr. Duran called 911 on several occasions to report people trying to enter his grandfather?s home, people trying tO kill him, and requesting a ride to his mother?s home. Over the following two days Mr. Duran was contacted by police on several occasions and brie?y hospitalized. No 05/19/2016 THU 10:18 FAX 7193844772 Otero County Court 003/005 criminal conduct was found. On the morning of December 7th, 2015, Mr. Duran appeared at a. custody hearing for his children and was reported. to be distraught. The Arrest and Injury Agents Cahill and Koback testi?ed that on December 7, 2015 at 2:35 pm, of?cers of the La Junta Police Department were dispatched to .218 Harriet Street in La Junta on the report of a disorderly party. The of?cers on scene were Sergeant Vincent Fraker, Of?cer John McMillan, Of?cer Chris Ramirez and Of?cer Joe Schueller. When of?cers arrived on scene, Edward Duran told them his son, Donovan Duran, was ?wigging out?. Sergeant Fraker made contact with Donovan Duran and talked to him. Sergeant Fraker knew Donovan Duran from previous contacts and knew him to be a mixed martial arts ?ghter. After talking with Donovan Duran and calming him down, Sergeant Fraker talked with Edward Duran and told him there was not enough to justify taking Donovan Duran into custody. Edward Duran said he understood and of?cers left the scene at 2:57 p.111. On December 7, 2015 at 3:21 La Junta Police Department officers were again dispatched to 213 Harriet after the dispatch center received an abandoned 91] call. Sergeant raker responded with Of?cer McMillan and Of?cer Ramirez. When of?cers arrived on scene, Edward Duran?s father said Donovan Duran was ?acting up again? and motioned to the house. When of?cers knocked on the door, Donovan Duran was seen by Of?cer McMillian running out of the back of the house. Since Donovan Duran had done nothing wrong, officers did not give chase. Of?cers then left 213 Harriet. As Sergeant Fraker was heading in his vehicle back towards the La Junta Police Department, he noticed Donovan Duran at the intersection of 4'11 Street and Lewis standing in front of a truck with his arms out to his sides- Sergeant Fraker talked to Duran while he was in the middle of the intersection. At various times, Sergeant Fraker asked Duran if he wanted to go to a treatment facility or the hospital. Duran responded he was getting arrested. A?er some time, Sergeant raker made the decision to take Duran to the Arkansas Valley Medical Center. Of?cer Ramirez and Of?cer McMillan handcuffed Donovan Duran and brought him back to Sergeant Fraker?s vehicle. He was searched and placed into the back of Sergeant Fraker?s Ford Explorer. A handcu?' key was taken from Duran's person. There is no cage separating the back seat from the ?oat seat, so Of?cer McMillan rode with Sergeant Fraker. Duran was seat-belted into the car and they started. towards the hospital. While on the way to the hospital, Donovan Duran started biting a Tupperware container that was in the back of the vehicle. He also started yelling, ?That?s not fair." When asked by Sergeant raker what was not fair, Duran would only repeat, ?That?s not fair,? and shout other Obscenities. When they got to the hospital, Sergeant Fraker and Of?cer McMillan opened the back door, unseat-belted Donovan Duran and ordered him to get out of the vehicle. He replied, ?Don't touch me" and then put his handcuffed hands forward past his butt and behind his knees. Sergeant Fraker reached into the car, grabbed Duran and rolled him out. He landed headfirst on the pavement. The of?cers then took Duran?s hands and brought them back behind his back. While on the ground Duran kept whispering, ?Help me.? Both of?cers then dragged. him to the curb and placed him in a crouched position on his knees with his head on the sidewalk. Sergeant Fraker went inside the hospital to get a wheelchair while Of?cer McMillan talked to Duran. When Sergeant raker returned, both of?cers placed Duran into the wheelchair. Duran slumped 05/19/2016 THU 10:19 FAX 7193844772 Otero County Court 004/005 forward and Sergeant Fraker forced his upper body upright. Duran sat slumped in the Wheelchair. Duran was wheeled into the hospital and lifted into a bed. When talking to the doctor, Sergeant Fraker did not mention that Duran had landed on his head when he was removed from the vehicle. Video and audio from the body cameras of Sergeant Fraker and Of?cer McMillan con?rmed these events- Officer John McMillan testi?ed that he has been a La Junta Police Department officer for the past four years and trains quarterly in the Pressure Point Control Tactics system of arrest control. In addition to the above information concerning the arrest, McMillan testified that he was nervous that Duran who was becoming increasingly aggressive would harm him or Sergeant Fraker. McMillan stated that Sergeant Fraker was apparently frustrated with having to deal with Duran multiple times that day, but never appeared out-of-control. Other than some abrasions, McMillan was not aware that Duran had been seriously injured by his removal from the police vehicle. It was later determined that Duran had a spinal fracture and he was air lifted to University of Colorado Hospital in Aurora. There Dr. Jens Peter Witt found he had sustained a spinal fracture that left him paralyzed from the mid-chest down and with partial use of his arms. Speci?cally, Dr. Witt found that when Duran hit the ground his C6 and C7 vertebrae separated. When they came together they cmshed the spinal cord causing the paralysis. Dr. Witt testi?ed that the injury was caused when Duran hit the ground. He also testi?ed it was serious bodily injury. Sergeant Sam Varela of the Castle Rock Police Department testi?ed as an expert witness on the use of force, particularly the Pressure Point Control Tactics system in which Sergeant Fraker was trained and is an instructor. PPCT is a commonly taught arrest control system in Colorado. Sergeant Varela, too, is an instructor in this system and other systems endorsed by the Peace Officer?s Standardized Training board. He testi?ed that he is not aware of any speci?c technique for removing a resisting subject in the process of ?slipping his handcuffs? from a vehicle, but he found nothing objectionable about that way Sergeant Fraker rolled Duran from the backseat on the pavement in an attempt to control him and prevent him from getting his handcuffs in front of his body. If successful in ?slipping his handcuffs? to the front of his body, Varela testified that Duran would have been a significant danger to the officers, able to fight, use the handcuffs as a garrote, kick or run. Sergeant Varela, on his own initiative, conducted a series of video-taped experiments on a handcuffed subject forcibly being removed from a vehicle similar to Sergeant Fraker's and placed prone on the ground. A safety mat, helmet, and harness were used to protect the subject. The experiment showed that while the subject would be relatively uninjured when handcuffed normally, each time the subject was forcibly removed while attempting to slip the handcuffs under his body it appears he would have landed head-?rst, as Duran did, likely causing signi?cant injury. Dr. Charles Hornbaker testified. that nutaa was admitted at roughly 4pm on December He personally came on duty several hours later and examined Duran at approximately 3pm. Hornbaker was unaware of any spinal injuries, but had been told that Duran was intoxicated, 05/19/2016 THU 10:20 FAX 7193844772 Oterc County Court 005/005 uncooperative and needed to be restrained. Hornbaker observed Duran move all his limbs and was ?sensory,? able to feel in all his limbs. At about 10:30pm Hornbaker re-examined Duran after being told that Duran had been vomiting, had swung at a nurse, and was complaining of weakness in his legs. At this point l-Iombaker had Duran placed in a protective cervical collar and examined for spinal injuries via CAT scans and Xrays. These revealed a possible cervical ?'acture and significant impingement on his spine. Dr. I-Iornbaker immediately arranged for Duran?s helicopter transport to a neuro-surgical emergency trauma unit at University Hospital in Aurora, a level one trauma facility. Based on all the evidence and testimony, including the legal standards of probable cause, beyond a reasonable doubt and af?rmative defense of use of force by peace of?cers, the 1:5llh Judicial District Grand Jury of 2015-16 has determined that the serious bodily injury sustained by Donovan Duran as he was taken to the ground by Sergeant Vincent Fraker, while tragic, cannot be the basis of any criminal charges against Sergeant Fraker and has therefore, issued a ?no true bill" as to the charge presented for possible indictment. I, I the Foreperson of the 20154016 Sixteenth Judicial District Grand Jury, do hereby swear and af?rm that this report issued by the 2015-2016 Sixteenth Judicial District Grand Jury was arrived at after deliberation and with the assent and agreement by at least nine members of the 20154016 Sixteenth Judicial District Grand Jury. 'FoiusPERsorJ Subscribed nd cm to before me in the County of Otero, State of Colorado on d? the day 2015 sinusitis NOTARY UBL My Commission Expires: 1131an DONE this My" day of ?ng i .2016. Geor H. ra hler, District Attorney By: Mark Hurlbei't #24606 Assistant District Attorney