Consistent with the conclusion of the former chief of police, the recommendation of the previousindependent monitor, the recommendation of the former acting independent monitor, the recommendationof the current independent monitor, and the conclusion of the current chief of police, as well as the separatedecisions of the Denver District Attorney and the United States Department of Justice that there isinsufficient evidence to make any criminal accusations against any officers, the Manager of Safetydetermines there is insufficient evidence to sustain any allegations of inappropriate force, racial slurs ordeceptive conduct by Officers Ricky Nixon, Randy Murr and Tiffany Middleton for the incident with Mr.Alexander Landau. Other than reprimands by the Chief of Police for failure to make complete reports, nodisciplinary action is taken against any of the involved officers.
THE TRAFFIC STOP
Mr. Alexander Landau was the driver of a vehicle stopped for an illegal left-hand turn in the early morning of January 15, 2009 in the vicinity of East Colfax Avenue and Downing Street.
Mr. Addison Hunold was the passenger in Mr. Landau’s vehicle.
The Denver Police Officers involved in the traffic stop were Officer Ricky Nixon and Officer Tiffany Middleton.
Officer Randy Murr arrived at the scene later when a search of Landau’s vehicle occurred.
Landau and Hunold had been drinking and smoking marijuana immediately before they were pulled over.Nixon and Middleton smelled marijuana in the vehicle and asked Landau for permission to search his vehicle.Landau consented.As Nixon was about to open the trunk, which contained over 106 grams (3.7 oz) of marijuana, Landau beganapproaching the officers and the trunk.Officers and Hunold describe Landau as upset and moving rapidly with his arms raised and flailing.Officers and Hunold
say that when officers grabbed Landau’s arms to restrain him, he resisted and struggled.Hunold said he yelled, “Chill, man!”
As officers were attempting to restrain Landau, Middleton tripped on the curb and fell to the ground,bringing Landau and the other officers with her.Middleton landed on her back and Landau fell on top of her, and the two were face-to-face.Landau was pinned in this position by Nixon and Murr who end up on top of him, one on each side.While officer description
s of Landau’s movement differ somewhat based on their varying positions and
opportunities to observe, officers consistently state that they believed Landau was making arm and hand
movements toward Middleton’s gun.
Records show that this belief was relaye
d by radio and that Hunold heard one of the officers yell, “He’s goingfor the gun!”
ALEX LANDAU CASE NARRATIVE/P2009 01 045