World Series Game 3: October 27th, 2007.
To get the facts out from this case. Here is my cut and dry.
My recollection of the events leading up to the assault in the early morning hours of Oct. 28, 2007, and the assault itself, in general terms is as follows:
- 1. Sometime around noon on October 27, 2007, Rachel, my roommate’s now wife, who I have known since about January 2006, came over to the home on Josephine Street in Denver, Colorado.
- 2. Marc (Roommate), Rachel and I ate, relaxed, watched television and then left for downtown at about 5:30-5:45 PM to meet friends/co-workers to watch the third game of the World Series game at a bar/restaurant.
- 3. Marc drove us downtown, and I recall we parked in the area of 14th and 15th Streets and Market by Ruth Chris Steakhouse. Event parking was upwards of $40, so we decided parking on the street for a $20 ticket would be a bargain.
- 4. We all went to a local bar/restaurant to watch the game and meet up with friends/co-workers.
- 5. During that entire evening while at the Public House I drank about 3-4 beers and had about 3-4 shots of alcohol. We also ate appetizers and I ate a hamburger. This was the longest 9 inning world series game in history at 4 hours 19 minutes.
- 6. We all left the bar/restaurant around 11:00 PM to go to my sister’s apartment at 19th and Arapahoe Street in lower downtown Denver to celebrate her boyfriend’s birthday.
- 7. Marc and Rachel walked over there while I walked a friend home to make sure she was alright. She had been worried about the crowds on her way home to 26th and Blake. I made sure she went inside and went on my way to my sister’s apartment.
- 8. We all arrived at My sister Elizabeth’s apartment around 11:30 PM.
- 9. The entire time I was at my sister’s apartment, I had maybe one half (1/2) of a beer.
- 10. We (Marc, Rachel and I) left my sister’s apartment at about 1:45 AM to go home.
- 11. Elizabeth’s apartment is about 6-9 blocks from where Marc’s car was parked.
- 12. As we approached Marc’s car parked on the corner of 15th and Market directly across from where Ruth Chris’s Steakhouse, I was walking with Marc. Rachel was walking a short distance ahead.
- 13. At that point in time, Rachel was carrying an oil painting I had painted and given to my sister, Elizabeth. When we were at her apartment she wanted me to sign it, so I took it so I could sign it in oil paint. When we left my sister’s apartment I was carrying the painting, but sometime while we were walking toward Marc’s car Rachel took it from me and was carrying it.
- 14. As we were approaching the car, Marc and I noticed that Rachel went past the car. I went ahead to get Rachel.
- 15. There were quite a few people in the immediate area. I walked through the crowd in the area in front of a bar called Le Rouge. I was on the sidewalk area, nowhere near the entrance. I was trying to get to the street so I could get Rachel’s attention to get her back to the car. I was working my way through the crowd and was about 5-10 feet from Rachel when I was pushed from behind into a car.
- 16. I turned around and the next thing I know I was being punched in the face by a large dark skinned man (later determined to be Officer Antonio Milow who is at least 6’ 1” and at least 320 lbs), thrown to the ground and repeatedly kneed in the groin by Officer Milow. I was also beaten around the face and head many times by other Officers later identified as Officers Glenn Martin and Thomas Johnston. Officer Martin apparently is about 5’11’ and 180-190lbs and Officer Johnston is a 6’ 0” and a 280 lb cage fighter. Also while I was face down on the pavement with my hands cuffed behind my back I felt strong pressure like grinding on the back of my head and felt my teeth breaking and chipping.
- 17. I was not in Le Rouge the evening of October 27, 2007, or in the early morning hours of October 28, 2007. In fact I have never been inside that bar. I was not close to the entrance of Le Rouge that evening except walking down the sidewalk trying to get Rachel.
- 18. I was not involved in any altercation or struggle with anyone before being pushed into the car and then being attacked by the Denver Police Officers.
- 19. I never struck/hit or attempted to strike/hit any Denver Police Officer or anyone else on October 27–28, 2007.
- 20. I never took a fighting stance toward anyone the evening/early morning hours of October 27/28, 2007.
- 21. I never kneed anyone the evening/early morning hours of October 27th/28th 2007.
- 22. After I was handcuffed, I kept complaining that the cuffs were too tight. The Officers were very rough with me and lifted me up off the pavement by the cuffs injuring my wrists. Even while being in the back of the police car before being taken in the ambulance, I complained the cuffs were too tight and hurting my wrists.
- 23. The injuries I suffered as a result of the Police beating were a broken nose, cuts above my eye and on the bridge of my nose, a burst blood vessel in my eye, bruised ribs, cracked and chipped teeth, and permanent, documented nerve damage to both hands.
- 24. I was charged with Assault on a Police Officer and Resisting Arrest. The City Attorney dropped all charges and the case was dismissed with no explanation, no apology.