ADAMS COUNTY, Colo. -- After FOX31 Denver launched an investigation into a brutal kick delivered by an Adams County sheriff's deputy to the spine of a downed suspect, the sheriff’s office has taken action.
Late Wednesday, it was confirmed one of the deputies seen on tape during the violent arrest has resigned and another has been “reassigned to a post that doesn’t require direct public contact.”
But those actions are only part of a multifaceted investigation that’s ongoing.
On video captured on a bar security camera, one of the deputies involved in the May 24 arrest of Alejandro Resendiz appears to pick up Resendiz’s cellphone from the sidewalk. Resendiz said the phone was never returned to him and remains missing.
The police reports list property that was seized during the arrest outside Karely’s bar on Pecos Street but fail to note the cellphone.
“Did you ever get your phone back? Did you ask about it?" Resendiz was asked.
“I called and they said they didn't have it," he said. "I asked the lady and she said 'I don't know, I wasn't there.'”
A security camera outside Karely's bar captured the dramatic moment four Adams County deputies swarmed in to arrest Resendiz. The video shows while two deputies controlled his arms, another ran up and planted a kick to his lower back. Resendiz described the kick as “hard.”
It's a kick none of the four deputies mentioned in their sworn statements, but all remembered enough detail in those reports to get a bloody and bruised Resendiz charged with resisting arrest and obstruction of a peace officer.
However, the deputies didn't know about the video (or didn't look for it) and after a series of reports by the Problem Solvers team, the stories are coming apart.
“The (district attorney) reviewed those reports and filed charges on my client, so if I go in there and say my client says it didn't happen like that and four officers say it happened exactly like that, what do you think?" Resendiz's attorney David Suro said. "All I can say is that we are extremely lucky that this video popped up.”
The Adams County District Attorney's Office dropped all criminal charges against Resendiz after seeing the footage but has declined to pursue any criminal charges against the deputies.
The sheriff's office refused to name the officer who resigned, but in an effort to get to the truth, the Problem Solvers filed an open records request asking to see any and all disciplinary files for all the deputies seen on video.
The records clerk responded by saying no, that it's "contrary to the public interest."
Other public records reveal the kicking deputy, Jeffery L. Stovall, is one of the subjects named in an ongoing federal civil rights lawsuit in addition to being involved in an accidental shooting during a struggle in 2013.
Attempts to speak with Stovall have been unsuccessful.