Internal Affairs Bureau Case Investigation Summary Report

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-CV-02682-J LK-MJ W

J AMAL HUNTER,

Plaintiff,
v.

THE CITY AND COUNTY OF DENVER, a municipality;
DEPUTY GAYNEL RUMER, in his individual and official capacities; and
DEPUTY EDWARD KELLER, in his individual and official capacities,

Defendants.

DEFENDANT THE CITY AND COUNTY OF DENVERS SUBMISSION OF
POTENTIALLY RELEVANT DOCUMENTS RELATED TO PLAINTIFFS
MOTION FOR SANCTIONS AND EMERGENCY HEARING [ECF NO. 106]

EXHIBIT B

RESTRICTED ACCESS LEVEL 1 & CONVENTIONALLY SUBMITTED
Case 1:12-cv-02682-JLK-MJW Document 114-1 Filed 06/05/14 USDC Colorado Page 1 of
20
DRAFT DOCUMENT NOT COMPLETED, REVIEWED, OR APPROVED
INTERNAL AFFAIRS BUREAU
CASE INVESTIGATION SUMMARY REPORT
Case Number: IC2014-0014
Subject Officer: Gaynel Addison Rumer S07006
Investigator Assigned: Sergeant Brian Cotter, 99031
It is necessary that the reviewer read the interviews in their entirety, and review all
audiotapes and videotapes for a comprehensive understanding of this case.
INCIDENT
Allegations surfaced from affidavits received by the City Attorneys officer regarding incidents that
occurred in Pod 3A around J uly, 2011.
COMPLAINT
Allegations regarding an assault to J amal Hunter which occurred on J uly 18, 2011 were
investigated by the Denver Sheriffs Department and the Deputy was disciplined for what occurred
in that investigation. Additionally the assault case against J amal Hunter was investigated by
Denver PD Detective Medina, and the District Attorneys office refused the case.
On 02-06-14 other concerns were raised about the jail environment through a Federal Court filing.
Specifically that Deputy Rumor supplied inmate Amos Page, who goes by OC, marijuana while
he was in the Pod and general allegations of favoritism and a lack of control in the Pod because
of the deputys actions. Additionally the affidavits allege that D/S Rumor was intoxicated while on-
duty.
INVESTIGATION
02-04-14
Sgt Cotter was assigned this case for follow-up investigation. Specifically the scope of the
investigation was limited to misconduct in Pod 3A by Deputy Rumer or others alleged in one or
more of the 14 affidavits filed as part of a federal lawsuit in J anuary 2014. The specific acts which
occurred on J uly 18, 2011 for which D/S Rumer had already been disciplined are specifically
excluded from the investigation. The included allegations are:
Introduction and distribution of contraband (pornography) into Pod 3A
Introduction and distribution of marijuana into Pod 3A
Complicity in the unlawful production of alcohol within Pod 3A
Use of inmates to implement informal physical discipline
02-05-14
Sgt Cotter received a copy of the DSD investigation related to the J uly 18 incident. DSD Case
S2011-07273. The case had been investigated by Deputy Sheriff Sgt. Romero.
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DENVER_029135
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Exhibit B
20
02-06-14
Sgt Cotter reviewed the DSD investigation and also found that a criminal investigation was
conducted by DPD Detective J ames Medina. DPD Case 2011-31633. It related the following:
Detective Medina received the case on J uly 19, 2011. Detective Medina met with Mr.
Hunter on J uly 23, 2011 and the victim told Detective Medina that someone would have
to pay him for his injuries. Mr. Hunter refused to pursue criminal charges against the
suspect and told Detective Medina that if he would to that he would be killed. District
Attorney Kempermen refused the case.
On 08/25/11 Mr. Hunter met with Detective Medina and asked that the case be re-
opened. On 09/14/11 Mr. Hunter viewed three line ups that Detective Medina had put
together for Sherman Gardner, Dwight Robinson and Lucio Loboi. Mr. Hunter told
Detective Medina that Sherman Gardner was the look out and was present for the
assault. He stated that Dwight Robinson started the assault by putting him in a choke
hold and then put him on the bed and punched and beat him. Mr. Hunter told Detective
Medina that Lucio Loboi was in the room at the time and was the look out. Mr. Hunter
also told Detective Medina that a Hispanic male and a male that goes by OC were
involved and OC threw the water on him. Detective Medina completed photo line ups
for Amos Page and Fermin Velasquez. Mr. Hunter identified both of these parties as
being involved in the assault.
Detective Medina reviewed the information that he received from the Denver Sheriffs
department. On 10/05/11 Detective Medina presented this case to the District Attorney
Harrison, who refused the case stating video proves that suspects did not do assault.
02-06-14
Sgt Lenderink requested a list of inmates who were housed in Pod 3A from J une 1, 2011 to J uly
31, 2011. Further any shake records indicating when Pod 3A was last searched was requested.
D/S Sgt. Garcia indicated that the DSD Canine supervisor was unable to locate any shake logs
involving the Canine Unit.
The affidavits from the inmates were reviewed and synopsized by Sgt. Lenderink, see below.
Sgt Cotter reviewed the specific grievances filed by J amal Hunter with the DSD. None of the
allegations at the time related to anything beyond a misclassification (resulting in alleged improper
housing) and the injury incident. He does not allege any of the misconduct or failure to protect
issues raised by the 14 affidavits.
02-21-14
Sgt Cotter received a list of the inmates housed in Pod 3A from J une 1, 2011 to J uly 31, 2011.
Sgt Cotter also contacted Sgt. Garcia and again requested information on the last shake of Pod
3A, outside of a canine assisted search.
Sgt Cotter reviewed the inmate records which indicated that a total of 156 inmates were housed in
the pod in the specified time frame.
02-28-14
Sgt Cotter identified Adrian Leos (CD 542930) as an inmate who had been housed in 3A during
2011. He was currently housed in DJ C Pod 3F.
03-04-14
Sgt Cotter and Sgt Lenderink interviewed Adrian Leos. This interview was audio and video
recorded. See summary below.
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DENVER_029136
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Exhibit B
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Sgt Cotter reviewed the list of 156 inmates and found that several of them remain incarcerated in
Department of Corrections Facilities. Sgt Cotter found that three could be contacted at Crowley
County Correctional Facility and nine could be contacted at Sterling Correctional Facility.
03-10-14
Sgt Cotter and Sgt. Lenderink visited the Skyline Correctional Facility in Pueblo, CO. Inmate
Michael Nicolato was interviewed. See summary below. Sgt. Cotter inadvertently failed to turn on
the audio recorder so there is no recording of this brief interview.
Sgt Cotter and Sgt Lenderink visited the Crowley County Correctional Facility in Crowley County,
CO. The following inmates were interviewed in the below listed order. The interviews were audio
recorded and summarized below.
Amos Page CD#634101
Khamis Horn CD#669064
Tilton Woodley CD#405920
03-11-14
Sgt Cotter and Sgt Lenderink visited the Sterling Correctional Facility in Sterling, CO. The
following inmates were interviewed in the below listed order. The interviews were audio recorded
and summarized below.
J acob Garcia CD#478678
Geradino Gonzales CD#504954
Cirilo Gonzalez-Zamora CD#719680
Matthew Mitchell CD#692056
J esse Martinez CD#424192
J erry Thomson CD#381330
Augustus Sanford CD#595534
Toray Walker CD#637739
Fermin Velasquez CD#210145
03-18-14
Sgt Cotter contacted Sgt J oseph Garcia, DSD, and requested the Daily Search and Inspection
Log. He promised to send a copy by inter-office mail.
03-21-14
Sgt Cotter sent an email to (now) Captain Nina Sich of the DSD requesting an interview related to
this investigation. She replied later and indicated she had been deposed during the civil litigation
on this matter but was willing to speak with Sgt. Cotter.
03-24-14
Sgt Cotter sent an email to Mr. Stuart Shapiro of the City Attorneys Office requesting a copy of
the depositions made by the several deputies in this case.
03-28-14
Sgt Cotter received and reviewed copies of transcripts of several of the depositions conducted
related to the Federal Lawsuit which included:
Plaintiff J amal Hunter
Capt. J ohn Romero
Sgt. Randolph (Randy) Romero
Deputy Gaynel Rumer
Sgt. Nina Sich
Chief Michael Than
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DENVER_029137
12-cv-02682-JLK
Exhibit B
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See below for summaries of relevant portions.
04-04-14
Sgt Cotter received copies of Tier Sheets from the DSD for the Denver J ustice Center for J une 1
2011 through J uly 31, 2011. They are scanned images of printed pages from the DSD jail
computer management system (J MS) with notes written on them from various staff. The images
contain notes from every block for the entire jail. Because of the size each month of data the
compact disks were stored in the Property Bureau. Sgt Cotter spot reviewed these files including
the date of J uly 18, 2011. Nothing relevant to this investigation was noted.
04-14-14
Sgt Cotter contacted Captain Sich and requested assistance identifying deputies who worked in
Pod 3A and in proximity to D/S Rumor. She provided a list of the following deputies:
Deputies Working the Same Shift/Days Off
D/S Chris Martinez
D/S Steve Singleton
D/S J uaquin Garcia
D/S Frances Norgaard
D/S J ames Nystrom
D/S J ames J effery
D/S J ustin Tomsick
D/S Anthony Lucero (Worked 8 hours as relief)
Deputies Relieving at 2030 Hours/Same Days Off
D/S J ames Boyd
D/S Steven Crews
D/S Cordelia Brimage
D/S J en Langan
D/S Carl Starks
D/S Sam Mazotti (worked 8 hours as relief)
D/S Larry Brown
D/S Roberto Roena (worked 8 hours as relief)
Sgt Cotter sent an email to each of these officer and Capt Sich requesting their assistance in
scheduling an interview.
04-21-14to May 15, 2014
Sgt. Cotter conducted interviews and took written statements from each of the above listed
(except for D/S Singleton who is being scheduled) deputies and Capt. Sich. None of them had
any knowledge of any of the alleged misconduct by either D/S Rumor or any other deputy which
had not been addressed through sheriff department discipline procedures.
05-15-14
Sgt Cotter presented this case to Chief Deputy DA Doug J ackson. The case was refused for
prosecution.
05-16-14
Sgt Cotter interviewed D/S Singleton and took a written statement from him. He did not have any
knowledge of any of the alleged misconduct by either D/S Rumor or any other deputy which had
not been addressed through sheriff department discipline procedures.
INMATE INTERVIEWS
Adrian Leos (03-04-81)
Denver Justice Center
DPD/CD #542930
This interview was audio recorded and conducted at the Denver Justice Center in a 3
rd
floor
interview room. Below is a summary however the full interview should be reviewed for specific
details.
Mr. Leos related that he has not had any concerns about his safety or the safety of other
inmates while in the DJ C or more specifically Pod 3A. He confirmed that he was housed in
block 103 while housed in Pod 3A by use of a diagram. Mr. Leos stated that the deputies
operated the pod and that he never saw or knew of any of them being intoxicated. He did not
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Exhibit B
20
know of any alcohol being produced in the Pod nor had he seen any contraband including
pornography or marijuana being introduced into it.
Mr. Leos stated that he did not know of any punishments being administered by inmates.
Michael Nicolato
Skyline Correctional Facility
DPD/CD #692759
Mr. Nicolato did not wish to be questioned about the assault incident but responded to
questions about his perceptions related to the security of the inmates at the jail. He stated he
felt that the DSD made appropriate efforts to provide for and keep the inmates secure.
Specifically he stated that the Denver Sheriffs Department did not permit contraband to enter
the facility. The deputies did not condone the production of alcohol nor did it permit inmates to
smoke or use controlled substances. He stated that the deputies did not permit inmates to
assault each other and reacted appropriately when such incidents occurred.
Amos Page
Crowley County Correctional Facility
DPD/CD #634101
This interview was audio recorded. Below is a summary however the full interview should be
reviewed for specific details.
Mr. Page related that he did complete the affidavit filed in Federal Court. He affirmed that it
was true and accurate. He stated that the attorney(s) told him he would not get in trouble for
writing it.
Mr. Page denied being a gang leader but admitted the circumstances in [Pod 3A] could make
it look otherwise. He stated that Deputy Rumor was drunk and wild Mr. Page asserted
that everyone knew Deputy Rumor was drunk but that the introduction of the contraband was
only known to a few top players He refused to provide the names of other persons who
knew about this. Deputy Rumor would bring in cigarettes and chewing tobacco. Mr. Page
speculated that the other deputies wouldnt want to get Deputy Rumor in trouble for being
drunk.
Mr. Page related that Deputy Rumor was the officer for the bulk of the day. Lockdown was at
9pm and shift change took place at 2pm.
Mr. Page related that inmates frequently got in trouble for making hooch (alcohol) because the
deputies were required to perform cell shake downs frequently. Mr. Page knew that Deputy
Rumor permitted one of Mr. Pages associates to produce hooch. Other deputies were more
by the book and wouldnt let this occur or remain if they found it.
Mr. Page related that Deputy Rumor asked him if he could help Deputy Rumor find marijuana.
Mr. Page provided a phone number to Deputy Rumor to make the purchase. Mr. Page
refused to provide a name or contact information. He promised to make contact with the
marijuana distributor to obtain permission for Sgt Cotter to speak with them. [Sgt Cotter was
never contacted with this information]
Mr. Page stated that inmates are safe in the jail and that the concerns he raised are specific to
D/S Rumor, not to the other deputies. There are good people there, specifically Sgt. Sich and
Capt. Roman. Most of the deputies did not allow rule violations and were diligent in their
duties.
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Exhibit B
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He explained that the hooch would need to be burped and that they would only do this when
D/S Rumor was working because they knew he would overlook the smell. He described how
they could cover up the odor as well, i.e. deodorant, soap, foot powder.
Mr. Page related that the big windows cast a glare towards the main area obscuring the view
into the bed areas. Additionally they can hang a curtain in front of the toilet and smoke behind
it.
Mr. Page stated that D/S Rumor only brought marijuana into the jail a couple of times. He
explained that with the contraband D/S Rumor would not had it to the inmate, rather he would
make the item accessible. For example D/S Rumor would make eye contact with the inmate
and then put the item into a trash or otherwise leave it accessible for the inmate to then
retrieve. D/S Rumor would be paid outside of the jail usually. Mr. Page refused to provide the
identity of someone who made the payment to D/S Rumor.
Mr. Page stated he wasnt sure if D/S Rumor liked him, or if he was intimated by him.
Mr. Page related that the pornography they observed was on D/S Rumors computer. The
inmates noticed D/S Rumor viewing pornography on his computer while they played
basketball behind him. D/S Rumor also brought in some printouts or photographs. D/S
Rumor would not print them out at the jail. D/S Rumor provided the pornography to several of
the inmates. He explained that D/S Rumor conveyed the pornography by leaving the item in
the trash, making contact with Page and then walking away. Page would then collect the
trash and while disposing of the trash he grabbed the pornography and hid it in his shirt.
After the assault to Hunter the DSD separated all of the inmates in the cell. Page believed
that someone had been charged for the assault.
Page felt that what D/S Rumor did was wrong so this is why Page decided to talk. Page
stated he felt that he felt bad about what happened to Hunter. At that point in time he felt that
Hunter was in the wrong. Page now feels bad about what his actions related to Hunter.
That is why he is coming out about D/S Rumor. He felt that D/S Rumors duty was to keep
everyone in the pod safe and that it was wrong for D/S Rumor to turn a blind eye, or make
himself unavailable [during the assault to Hunter.]
Mr. Page was confronted about how his sworn affidavit included admissions related to the
assault on Hunter and that these admissions could lead to Federal Court testimony and
potentially criminal charges related to the assault. He stated he had signed another paper
with the attorneys which stated he would not be charged. He stated that the civil attorney
promised him that he would not be prosecuted for completing the affidavit.
Khamis Horn
DPD/CD #405920
Mr. Horn related that generally the deputies were professional but there were some who were
not. Some of the deputies would curse at the inmates and then get upset if the inmate cursed
back at them. He wasnt sure he was actually housed in Pod 3A, rather he thought he had
been housed in 3F.
He felt that he felt somewhat safe in the jail because there were sheriffs or inmates might not
like a person because of what they were being held for.
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Exhibit B
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He heard from other inmates that deputies were drunk on-duty but never observed this
himself. He couldnt remember the names of deputies were had been intoxicated while at
work.
Inmate Horn did not see any cigarettes or marijuana in the jail. He has smelled the scent of
marijuana but never observed it. He speculated that inmates would get access to marijuana
by putting it into their rectum or convincing a deputy to bring it in.
Inmate Horn stated that there are some deputies who had favorite inmates but that this
favoritism did not result in commission of criminal acts. He qualified this by explaining that he
keeps to himself while incarcerated. He denied seeing pornography in the jail. He stated he
has seen inmates producing hooch but that all the deputies he interacted with would take the
hooch when found. He denied producing hooch himself. He speculated that others would
make hooch in 5 gal trash bags.
He stated that certain deputies did try to keep the inmates safe. Those that didnt might would
permit the inmate to be assaulted by other inmates. He did not have a specific example or
names of persons involved.
Tilton Woodley
DPD/CD # 405920
Mr. Woodley denied seeing any collaboration between deputies and inmates or illegal
activities by the deputies. He denied personal observation of any deputy intoxicated but
stated he had heard jail rumors.
Mr. Woodley stated that he did know of inmates smoking cigarettes or marijuana but that
deputies would not permit this. He stated that brewing hooch was easy and it occurred in Pod
3A routinely. Deputy Boston worked 8pm to 8am and he would catch someone making hooch
almost daily.
Mr. Woodley stated that he felt safe and that the deputies maintained too tight of control over
the inmates.
He did not know of any deputies bringing in pornography or marijuana. He recalled the a
deputy from Pod 3A who was terminated for the fight. He stated that this deputy was a
stickler for the rules. Woodley was surprised at the discipline. This deputy did not show any
favoritism. It was Woodleys understanding that this deputy broke up the fight but he didnt
call it in soon enough.
Woodley stated that the inmate who complained on this deputy made up the lies against this
deputy because he didnt like the deputy.
Woodley denied paying rent to another inmate. He stated that rent payments occur in every
jail but he didnt know who was receiving or paying rent in DJ C.
Jacob Garcia
Sterling Correctional Facility
DPD/CD # 478678
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DENVER_029141
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Exhibit B
20
Mr. Garcia specifically asked if this interview was related to Deputy Rumor because he saw
reports of the incident it on the news and read about it in the paper. He stated he did not want
to go to court and was told that the interview was more about the conditions of the jail.
Mr. Garcia stated he didnt feel safe at the jail because there was a lot of bullying and fights
there. He stated that since the lights werent always on there was a lot of opportunity to fight.
The Blood [criminal gang] seemed to have a control over that pod. He stated that the
deputies didnt really know what was going on. He stated that he didnt think the deputies
knew what was going on but that when the deputies did know they took action to stop it.
Mr. Garcia knew Deputy Rumor and didnt perceive Deputy Rumor as the kind of person [who
would do the alleged acts.] He denied seeing Deputy Rumor or any other deputy intoxicated.
Mr. Garcia has seen inmates make alcohol. He didnt think that the deputies knew it occurred
but when it was found the deputies seized it. Mr. Garcia denied seeing any deputies bringing
any cigarettes or marijuana in to the jail. Mr. Garcia stated he did hear rumors of deputies
bringing it in but he didnt give it much credibility.
Mr. Garcia stated that he did not feel that any deputy was controlled by an inmate. He stated
that the criminal gang within the jail could be intimidating. He affirmed that he didnt feel safe
because the Sheriffs Department permitted a controlling gang to exist in the pod. He didnt
feel that the deputies individually werent doing anything, but rather the presence of the gang
made him feel intimidated enough he didnt feel he could report incidents to the deputies. He
felt that the deputies didnt care enough.
He was not aware of any instance when a deputy asked an inmate to assault another inmate
as part of discipline. The controlling gang would do this on their own. In the Sterling
Correctional Facility staff makes an effort to prevent a gang from controlling an area, however
in the Denver City J ail the staff did not do this.
He stated he did see incidents where inmates were assaulted by other inmates and no action
was taken by the deputy. He did not know if the failure to act occurred because the deputy
was unaware or if the deputy was permitting the act.
Geradino Gonzales
DPD/CD # 504954
Mr. Gonzales related that he didnt have any concerns about the Denver jail. He stated that
he was there at that time of the incident. He stated that [Deputy Rumor] was disrespectful to
him.
Mr. Gonzales related that he couldnt recall how often Deputy Rumor was intoxicated on-duty.
He stated he wasnt going to be the inmate who reported this as long as it didnt affect him.
He stated he could smell the alcohol on Deputy Rumors breath. He denied ever seeing
Deputy Rumor drinking on duty. He denied knowledge of any other deputies being intoxicated
on-duty.
He stated that deputies would tell inmates who was arriving at the jail. He asserted that some
of the deputies were part of gangs. He refused to provide names of any deputies who would
do this. Mr. Gonzales related that if an inmate was being disrespectful some of the deputies
would tell about the inmates reason for being incarcerated (i.e. he is a sex offender).
Gonzales suggested that the deputy would recruit other inmates to assault that inmate. When
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asked if D/S Rumor did it Gonzales replied, Rumor does a lot of stuff, and then affirmed that
rumor would do this to an inmate. Gonzales explained that he didnt know if Rumor enjoyed
doing it but that he would. Gonzales denied knowledge of D/S Rumor giving information to
another inmate. Gonzales stated he didnt have first hand information but that he know, It
was something Rumor probably does.
Gonzales refused to provide any names of persons involved.
Gonzales denied having seen any introduction of contraband by D/S Rumor or others, but
stated he knew about it occurring. He refused to provide specific incidents and stated he has
never seen it occur in Denver.
Gonzales stated that the deputies had to have known that hooch was being produced. He
stated he has seen a lot of inmates caught for making hooch but did not affirm if he has seen
deputies ignore the production of it.
He stated he didnt know if D/S Rumor permitted an assault occur between inmates. He
denied seeing D/S Rumor bringing any contraband.
He stated that D/S Gonzales with the DSD Gang Unit was disrespectful and once arrested
him from within the jail and roughed him up.
Cirilo Gonzalez-Zamora
DPD/CD # 719680
Mr. Gonzalez-Zamora spoke Spanish only. He denied any concerns for the safety of inmates
or problems that occurred in the jail. He stated he felt safe in the jail and didnt have problems
with the deputies. He stated that the deputies did their jobs well. He denied paying rent to
other inmates or knowledge of others having to do so. He did not know of alcohol in the jail.
He has never seen a deputy who was intoxicated in the jail. He was not aware of any
marijuana in the jail. He stated that the deputies operated the jail, not the inmates.
He did not recall the incident involving Hunter. He denied having any problems with the gangs
of knowing of others who had problems with the gangs.
He stated he did not see deputies bringing in contraband nor did he know of a deputy paying
an inmate to assault another inmate.
Matthew Mitchell
DPD/CD # 692056
Mr. Mitchell affirmed that he recalled staying in Pod 3A in 2011. He stated he was safe
because he sticks to himself. He denied paying rent to anyone while in jail and has never
seen it happen. He denied seeing any drugs in the jail or witnessing deputies bringing it into
the jail.
He never saw any deputy drinking or under the influence of alcohol on-duty. He denied
knowing of any deputy permitting the production of hooch. He denied ever seeing hooch in
the jail, although he has seen it in prisons.
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He did not have any concerns with how deputies interacted with inmates while in 3A. He
stated that deputies ran the jail.
Jesse Martinez
DPD/CD # 155738
Mr. Martinez related that he did not know J amal Hunter. He stated that some of the deputies
did their job to keep them safe but others did not. He stated that some of the deputies would
just open all the doors and let the prisoners run amok He denied ever seeing any of the
deputies drinking alcohol that he knew of. He stated that some of the deputies might have
been drunk but he didnt know.
He stated that he did not know of any specific incidents where a deputy brought in contraband
or drugs. He knew that some of the inmates smoked drugs but didnt know where they got it
from. He speculated that some of the deputies might have been involved because some
inmates talked to the deputies at the officer desk.
He did not know of deputies helping to make hooch but stated that it could be smelled and
that if a deputy found it they would dispose of it.
There were a couple of instances when inmates were assaulted [socked up] but he could
only speculate as to how the fight occurred.
Jerry Thomson
DPD/CD # 381330
Thomson related that he has a family member who works at the jail. If his family member was
on-duty things would be good. There were a lot of fights at the jail.
Thomson stated that he did smell alcohol on the breath of one of the deputies but he couldnt
remember the name of the deputy. This deputy worked during the night, specifically Thomson
remembered him at dinner time. He didnt know what the deputies were actually drinking. He
thought that this deputy was the same deputy who was later transferred to 4F and who was
present at the time of the burn incident.
Thomson related that in Pod 3A room there were a number of fights in the bathrooms. He felt
that the deputies would turn their backs on the fights but he was unable to provide a specific
incident.
He recalled that someone came to talk to him about a year ago about a burn injury.
Thomson stated there was a lot of contraband in the jail. He never saw a deputy introduce the
contraband.
Thomson felt that the inmates ran the Pod and that there were some deputies may have
been working in cahoots with the inmates but he admitted this was speculation.
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Augustus Sanford
DPD/CD # 595534
Mr. Sanford related that he felt that the jail was a problem. Another inmate named Pierce
knocked Sanfords teeth out. He thought that Pierce intimidated the police and nothing
happened.
Mr. Sanford stated that D/S Rumor was intoxicated on-duty probably about twice per week.
He could smell it on D/S Rumors breath and D/S Rumor looked drunk.
He stated that deputies did not bring in cigarettes or marijuana into the jail to his knowledge.
He stated that the inmates made hooch and that the deputies didnt do much about it. The
deputies also did little when it was obvious that an inmate was smoking cigarettes or
marijuana.
Sanford related that there were numerous fights in the pod and deputies including D/S Rumor
would permit it take place.
Sanford stated that the OC and another inmate assaulted J amal. Sanford stated he was
present for the entire event. He stated that Hunter did yell for help and that Rumor should
have known about the incident.
[Note: The assault referenced was investigated by the DPD as GO 13-36292. The suspect,
Pierce Turner 02-22-73, was charged with 2 Assault for the incident occurring on 01-23-13.]
Toray Walker
DPD/CD # 637739
Walker stated he felt safe at the jail. He was safe because he was in his cell with multiple
other gang members from his gang. Walker stated that he smoked cigarettes or marijuana in
the cell but he did not know of deputies bringing it into the jail. Walker stated that twice during
his 18 month time in the jail he and others made hooch.
He stated that the deputies were lazy. They just sat at the desk. Occasionally the deputies
would surf the internet with the inmates.
Walker did not know of any illegal activity other than letting the inmates fight because the
deputies didnt care when it occurred. He was pretty sure that the deputies knew about the
fights.
Walker did not know of any deputy being intoxicated on duty but did talk about a deputy
smoking a cigarette in the jail at night on one occasion.
Fermin Velasquez
DPD/CD # 210145
Fermin related he felt safe in the jail. He did not know of any deputies being intoxicated and
never smelled an odor on any of them.
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Exhibit B
20
He saw on several occasions the deputies seizing and documenting the hooch.
He did not know of any instances when a deputy asked an inmate to assault another inmate,
nor did he know of the deputy ignoring a fight taking place. Velasquez explained that when
the inmates fought the inmates would hide it from the view of the deputies.
Velasquez did not feel that the deputies ever favored specific inmates.
Velasquez did not think that D/S Rumor knew the assault to Hunter was taking place.
Velasquez explained that the lights on the pod were off and that this was not an uncommon
occurrence. When Hunter could be seen in the window to the Pod, D/S Rumor took action.
SUMMARIES OF DEPOSITIONS
The following is a summary of the statements made during depositions conducted as part of the
Federal lawsuit. This summary is based on the transcripts reviewed and limited to topics of this
investigation.
Jamal Hunter (05-29-74)
Plaintiff of lawsuit
This summary is based on a transcript of the deposition of Mr. Hunter conducted on 07-08-13.
Hunter related that he didnt like D/S Rumor, D/S Keller, D/S Mazzei, or D/S Norgaard.
Specifically he stated that D/S Rumor didnt move fast enough to help him when he needed
items such as a towel and that on one occasion D/S Rumor didnt provide him with a kite
(complaint form) as he had requested. Hunter stated he had smelled an odor of alcohol on
D/S Rumors breath almost every day.
Hunter stated that there were wrestling matches in the holding cells which only D/S Rumor,
of all the deputies, would permit to take place. The matches only occurred when D/S Rumor
was present.
Hunter was unable to recall any deputy who worked Pod 3A other than D/S Rumor.
Hunter stated that Dwight and Page [other inmates] accused him of talking shit about them.
Dwight then put Hunter into a sleeper hold causing Hunter to pass out. He then stated that
Page punched him a few times. Also present were a few other inmates who did not come to
his aid or alert others. Page brought out a rope which was constructed of a long strip ripped
from a bed sheet which is tied around Hunters ankles. While he was unconscious his hands
were similarly bound and the lights to the pod were turned off. He was punched repeatedly.
Hunter stated he didnt recall shouting for help after he regained consciousness. He was
directed to take a shower and did so wearing his underwear. He was assaulted again and
when he woke he was being escorted out of the cell by two deputies. He stated he was
unconscious when his genitals were scalded. He stated he did not know who had scalded
him.
Hunter stated there were several inmates as lookouts during his assault.
Hunter described how he was moved to 8 different cells during his stay at the Denver J ustice
Center in the four months of incarceration prior to the assault. The transfers occurred either at
his request, because of an action he performed or was alleged to have performed.
Hunter stated there was no medical treatment recommended by physicians which were not
provided by the DSD.
A-9
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DENVER_029146
12-cv-02682-JLK
Exhibit B
20
[Note that Mr. Hunter did not make further accusations related to this investigation against the
DSD or D/S Rumor than described in this summary]
Sgt Randolph Romero
Denver Sheriffs Department
This summary is based on a transcript of the deposition of Sgt Romero conducted on 05-13-13.
Sgt Romero was the sergeant in DSD Internal Affairs responsible for the investigation into this
matter. He stated that following his investigation he did not feel that D/S Rumor was involved
in the assault to Hunter. (pg 141)
[No reference to the introduction of contraband or other unlawful collaboration with inmates
was referenced in this document. Nor does the document reference alcohol, contraband,
marijuana or hooch.]
Captain John Romero
This summary is based on a transcript of the deposition of Capt. Romero conducted on 07-19-13.
Captain Romero was deposed based less on his personal knowledge of the events in this
case and more on the general policies and procedures of the DSD.
Sgt Karolina Sich
This summary is based on a transcript of the deposition of Sgt Sich conducted on 11-01-13. Refer
to transcript for specific details.
Sgt. Sich stated that D/S Rumor filed a hostile work environment complaint with Major Than
against her. She has made employee performance issue reports against him for some
violations. She could not recall them all but they included turning the lights off against
standing orders and hanging up blankets over the toilet at other times.
She denied ever hearing any allegations that D/S Rumer drank while on duty.
SUMMARIES OF AFFIDAVITS ASSERTING ALLEGATION.
Affidavit 56-1 Billy Lawrence Jackson 09/01/1983
In 3A for six months in 2011 before being moved to 3F.
Bloods ran 3A and collected rent and extorted other inmates.
Rumer was often drunk at work when he was in 3A.
Rumer would pop doors to allow the fights to happen in closets.
OC would request the deputies to open doors for the fights.
Rumer would open the supply closet for anyone who asked.
Rumer was on shift when J amal Hunter was burned with hot water and he let this happen.
He sawRumer and OC talking before the assault to J amal.
He was standing by the phones near cell 103 when the assault happened. He saw seven
or eight guys going in and out of the cell where the assault happened and he heard J amal
screaming. Rumer was just sitting at the desk while the assault happened and this was for
at least 30 minutes. He saw OC take several cups and fill them with hot water.
Water was so hot it could melt plastic jars.
In 3A there was a lot of hooch being made and consumed and inmates would also
smoke weed and the deputies didnt care.
Claims general dislike of the Denver J ail and the deputies, particularly Rumer not liking
them or not treating them with respect.
Affidavit 56-2 Eric Bradford Tinsley 08/31/1980
A-10
CONFIDENTIAL
DENVER_029147
12-cv-02682-JLK
Exhibit B
20
Was hosed in the Denver J ail from October 2010 to J uly 2011 and was in cell 102 when
J amal Hunter was assaulted on J uly 18.
Deputies were not in charge, but the gangs were in charge of the jail.
Fights were common in 3A, at least weekly, and he says there were fights in the shower.
Hooch was common in 3A and many other pods in the jail. States there was not a pod
that he was in that inmates were not drinking.
Talks about inmates cheeking pills and selling them to other inmates.
In 3A tier porters had a lot of power and controlled the extra food, and they stole others
clothes when they did laundry. States that deputies like Rumer would let this happen.
Talks about an older inmate with mental health issues that was beat and the deputy
mocked him and told him it didnt happen.
Talks about kites and the fact you learned not to do them or go to deputies with
problems.
Deputies were on internet at their desks.
Water was hot enough to melt the plastic Folgers containers.
He was in the cell next to the one that J amal was attacked in and he heard J amal
screaming. He states that nothing was being done and Rumer was just sitting there not
doing anything. He stated this lasted for 15 to 20 minutes. J amal came out of the cell wet
and his pants were torn and tattered. He stated it was the gangs that attacked J amal. He
stated that male who attacked J amal was given material to clean up afterwards.
Affidavit 56-3 Lucio Loboi 01/01/1983
He was housed in the Denver J ail from March of 2011 to September of 2011 in 3A, cell
103, which was the same cell that J amal was in.
Claims there was a lot of gang activity in 3A and there were fights every day.
States the deputies were rude and disrespectful.
The tier porters were in his cell and he thought they were running the pod because of the
money and stuff that was being exchanged. He related that their cell only was shaken
down once the whole time he was there.
Claims there was hooch being made and sold in 3A in trash cans in his cell and being
sold in soda bottles and cups. States it smelled like hooch all the time and everyone was
drunk in the pod the day J amal was attacked.
Claims a lot of porn around, both being sold and given out and he smelled weed in his cell
also. He states the men in his cell had access to everything and had given J amal a radio.
During the day the lights were sometimes on, but were sometimes off when the TV was
on. On the day J amal was assaulted the lights were off and so was the TV.
Claims he was in a deep sleep because of medication when J amal was assaulted and
woke up because J amal was screaming. He saw Rumer going up the stairs to the top
floor and his cell was on the bottom floor. He saw J amal getting beat and he as threatened
by the male who was beating J amal. States they were yelling at J amal for running his
mouth. They got hot water and burned J amal.
After the attack one of the deputies took one of the attackers shirts because it had blood
on it. They also took him to the hole for a couple of days because they thought he was in
on it and he as interviewed a couple of times.
States the water was so hot it melted a soda bottle during J amals attack.
Affidavit 56-4 Jerry Allen Thomson 09/27/1968
Was housed in Denver J ail from November of 2010 to October of 2011 and was in Pod
3A, cell 101, when J amal was assaulted.
Claims a lot of gang activity in 3A.
Claims Rumer was disrespectful and unprofessional and went on talking about Rumer
being bad and tazing inmates for no reason.
A-11
CONFIDENTIAL
DENVER_029148
12-cv-02682-JLK
Exhibit B
20
Claims Rumer would ignore fights and gang activity. Claims inmates would wait until
Rumer was working to fight.
Reports that the lights in the cell were shut off right before the attack on J amal and this
was strange because the light usually stayed on.
Affidavit 56-5 Corey D. Shepard 11/22/1981
Was called Rhino was a tier porter in 3A. He had been in 3A for four months and after
J amal was assaulted he was put in max 4C.
He was recommended by OC to be a tier porter and all the deputies went along with this.
States that the Bloods ran the pod and J amal was talking bad about the Bloods so he
knew J amal was going to get hurt.
Claims there as hooch in 3A. Claims trustees got the food to make hooch off everyone
trays.
Claims that Rumer was always drinking alcohol from a silver thermos. Inmates would wait
for Rumer to get on shift to fight. States 3A was the terror dome.
States there were fights in showers and the closet. He then talks about what happened to
J amal and that it was unique because it was so out in the open and everyone knew what
was happening. He states there were a lot of people going in and out of 103 when the
assault was happening.
Claims Rumer would open doors and let them play poker games and he would let tier
porters go in any cell to finish poker games.
Claims Rumer had a close relationship with OC.
States Rumer opened the cell door and turned off the lights when J amal was assaulted.
Rumer then did a fast round without even checking in his cell and turned a blind eye to
what was going on. He was right outside of 103 and heard everything and Rumer didnt
do anything. He stated this lasted for 20 minutes and Rumer was fading and was drunk.
He states there is no way Rumer could not hear what happening because there was
screaming for 15 minutes.
He goes on to talk about Rumer and how he does not do his job.
Affidavit 56-6 Amos Page 07/21/1988
He is called OC and was a tier porter in 3A.
Claims he caught Rumer with vodka in a thermos and he emptied it into his coffee cup
when Rumer was not looking. He claimed Rumer gave him cigarettes and a lighter to keep
him quiet and wanted to be friends with him. He states Rumer would drink around him.
Claims doing business with Rumer who would bring in porno magazines and he would sell
each page for $3. He would buy the magazines for $10 using pop tokens and he would
get paid in pop tokens.
Claims Rumer would let him run the pod and give out violations such as 50 punches to
the chin or straight up two minutes meaning two minutes with four homies. This would
happen in the cleaning closet or shower.
Rumer would unlock the closet or turn off the lights in a room or the bathroom.
Rumer would have him take care of inmates that he didnt like and Rumer would unlock
their cell when everyone else was on lockdown. Since 4 of them in his cell were trustees
their door was not locked during the day, so they would take care of those inmates.
Rumer would feed him information on other inmates and allow him access to his
computer. They knew who were sex offenders and was trying to kite out of 3A if they
owed him money.
He knew J amal and knew J amal didnt belong in 3A. J amal was afraid of him and Rumer
didnt like J amal because he would make fun of Rumer when he was drunk.
He talks about Rumer talking bad about Lloyd and he confronted Rumer who said he
would not do that again.
A-12
CONFIDENTIAL
DENVER_029149
12-cv-02682-JLK
Exhibit B
20
They used information from Rumer to get inmates to pay for protection and for rent.
He claims that he arranged a street to street with Rumer when he received $150 in
February of 2011. Rumer was given weed and he brought it into the jail for him. He sold
this for $20 per Chap Stick cap.
He states they were making 20 gallons of hooch a week in 3A. Rumer knew this was
happening and they sole the hooch. Rumer would get $20 a batch. They would make
this in a small 5 gallon trash bag and it took 4 days to make this. They would arrange for
Rumer to shake down a cell that was in the blind spots of the camera and contained the
hooch. Rumer would ignore the hooch and the other deputies would not shake down the
cell because they only shook down cells about every week.
He was present when J amal was beat. It was at count time in 103 around 1500 hours.
Bananas told him that J amal was talking about them. He stated that Rumer confirmed
this. He told Rumer that he was going to take care of this situation and Rumer offered to
turn off the lights. Rumer told him to make sure it happened before his shift was over.
Rumer usually started his count downstairs but this time he started upstairs. His homie
came from the upper tiers and got two big cups of hot water and handed the water to him.
By this time J amal was knocked unconscious and had been knocked out 4 to 5 times.
Rumer did the rounds ten minutes before the count and saw the blood and indicated to
him to clean up. He states J amals shirt was in the trash can full of blood, but no one took
it and they ripped it up and flushed it.
He goes on to talk about being questioned about what happened and he told Medina that
Rumer was there and turned off the lights.
He was told later by Capt. Romero he was not guilty of any discipline.
Affidavit 56-7 Darnel Lee Anderson 04/29/1989
He was in call 203, above J amals cell when J amal was assaulted.
He heard through Rumer and other inmates that J amal had been saying this about other
inmates in court. He knew something was going to happen to Rumer because of this and
the fact the cellmates he was talking about were in a gang together.
When J amal was assaulted he was out on free time and J amal was on lockdown. He
could see into J amals cell through the window and he was being assaulted. He heard
they were going to kill J amal. He saw J amals cellmate kick his head into the ground and
he thought J amal was dead. He saw Rumer do a round through J amals cell when J amal
was knocked out. He went back to the basketball court and heard screaming. Deputy
Rumer ran over, but he ran upstairs instead of downstairs where J amal was. He stated he
saw Rumer talking to J amals assailant before the assault.
He reports that the lights into the cell were turned off at the time of the assault. In the past
Rumer would not turn off the light for them because he told them he could not see into the
shower.
He states the inmates who assaulted J amal were running the pods and the deputies were
protecting them. He goes onto talk about the deputies and how they were not going their
jobs. The only deputy he names is Rumer and talks about him sharing information to
others about inmates. He also claims deputies did not protect inmates and would open
closets for fights. They would also share their information on the kites if they would
complain with other inmates.
He then talks about the water being very hot.
Affidavit 56-8 Chad Vance Lang 05/02/1969
He was in 3A when J amal was assaulted.
Claims there was a lot of fights and the tier porters had a lot over the white guys. He
states the deputies did not help and would help the gangs exploit inmates.
The deputies would allow the fights to happen, especially Rumer.
Guys would tell him Rumer was lazy and drunk.
A-13
CONFIDENTIAL
DENVER_029150
12-cv-02682-JLK
Exhibit B
20
Claims the tier porters would come into their cell with a lot of sugar and oranges and there
were guys in his cell making two 5 gallon trash bags of hooch at a time. The tier porters
would tale half and leave the other half, but sometimes took everything. He claims Rumer
knew about this.
He states the day the J amal was assaulted the door to 103 was left open and the lights
were off. Lots of people were going in and out and he could hear that someone was
getting beat up. He states everyone knew what was happening because you could hear it.
He claims Rumer knew the fight was happening, but ignored it.
Affidavit 56-9 Lloyd Edwin Neal 08/21/1977
He was in cell 103 when J amal was assaulted. He states that Rumer didnt do his job and
inmates could get favors from Rumer. He further states Rumer was a good source of
information on other inmates. He would leave doors open when inmates wanted to beat
up other inmates. Rumer would also leave lights off when requested.
He claims Rumer was an alcoholic and you could smell alcohol on his breath.
He was not in the cell when the attack happened and only heard about it afterwards. He
goes on to talk about Rumer having to be involved and ignoring the assault.
He states the water was so hot it would melt a peanut butter jar.
Affidavit 56-10 Hassan Mayo 03/19/1972
He was in cell 102 when J amal was assaulted.
He states and Rumer was drunk on the job and you could smell liquor on his breath.
Claims that hooch was regularly made in every pod and he was also offered crack a
couple of times.
He talks about the tier porters being gang members and running the pod. He states that
the guy who attacked J amal was a tier porter and involved in most of the fights that would
happen.
He went on to talk about the deputies not doing their jobs and not doing rounds correctly.
Claims Rumer was a deputy they would wait to be on duty if they had to get something
done.
He talks about the water being hot and malting plastic containers.
He talks about their being a lot of fights in the pod and everyone would watch.
He stated the lights in J amals cell were off when J amal was attacked and he heard the
screaming. He goes on the say that if he heard the screams then Rumer would have also
heard this.
He reports that after J amal got burned they turned down the hot water.
Affidavit 56-11 Pierre Sudberry 11/21/1986
He was in the Denver J ail from May of 2011 to August of 2011 and was in cell 203 when
J amal was assaulted.
He writes that he reviewed Darnell Andersons statement and its 100 percent correct.
He claims there were fights every day and Rumer and the other deputies didnt care. This
would happen in the shower.
He claims there was a lot of hooch in 3A and they made it all the time. They made 54
cups a batch and there were probably three batches being made in trash cans at once.
They sold the hooch and got drunk on the weekends. The hooch gave off a strong
smell and he claims the deputies had to know about it.
He goes on to talk about Rumer being a bad deputy and not going his job and he would
unlock the closets and open the doors for fights.
He talks about knowing when shakedown were going to happen and Rumer would do their
cell and ignore the hooch.
Rumer would provide information on other inmates.
A-14
CONFIDENTIAL
DENVER_029151
12-cv-02682-JLK
Exhibit B
20
He tells that deputies would turn the lights on and off for inmates Rumer would do things
for you if he liked you.
The day J amal was assaulted Bananas came back from court and said J amal was
talking about them. He states J amal was knocked out 5 times and they choked him out.
He saw J amals attackers walk out, get the hot water, and take it back to the shower. He
was standing by the window watching when they burned J amal. He stated that Rumer
walked into the cell when the beating started and then walked out.
He states that the water was hot and you had to use a towel to carry the jug that the water
was in.
Affidavit 56-12 Joong Hee Rhee 11/21/1943
He was in 3A from May of 2010 to March 27 of 2013 and was the tier porter from October
of 2011 to J uly of 2012. He was selected because of his volunteering for their duties.
He claims there was a lot of fighting in 3A and the deputies would ignore this and allow
this. The tier allowed fights because the lights were off and there were a lot of enclosed
showers in the cells and there was only one deputy for 64 inmates. He never saw any
deputy really check in the cells.
He stated a lot of inmates did not like Rumer because he was rude and would give them a
hard time
He claims there was a lot of gang activity and fighting in 3A. He saw fights in the closet
and the deputies would be asked to turn off lights.
He talks about the deputies not doing anything and talks about inmates stealing from him.
He claims there was a lot of pornography and you could get what you wanted by paying
for it.
He states in 2011 the tier porters were doing a lot of the business and it was obvious the
deputies were bringing in things for the tier porters to sell.
The tier porters were let out of the cells all day and were not watched by Rumer and other
deputies. He claims the deputies let the tier porters run the pod.
He states that the deputies didnt care about the extra food and talks about there being
alcohol in pod 3A and talks about there being trash bags and that the deputy would shake
down their cells but never did anything about this.
He claims seeing a lot if cigarettes and smelled marijuana and even smelled crack and the
deputies, specifically Rumer didnt care.
He talked about the lights being of resulting in a lot of fights.
He then stated that the water was hot and he remembered that a man was burned with the
water and they lowered the temperature. They then removed the faucets completely. He
states that many inmates complained about the water being too hot, but the deputies didnt
listen.

Affidavit 56-13 Geraldino Gonzales 08/08/1982
He was in the Denver J ail from April of 2011 to J uly of 2011. He was in cell 201 when
J amal was assaulted.
He states the prison was more like jail and he says there was hooch and porn magazine
clips all over the pod.
There were fights in the pod and he says the deputies had to know about it because you
could hear everything. He states some deputies would call in the fight after it was over.
He claims that deputies had favorites and would give information to inmates on new
inmates coming into the pod.
He claims a lot of fights happened when Rumer was on duty and he would sit at his desk
the whole time. He also says Rumer was drunk a lot of the time he was on duty. He says
Rumer was disrespectful and a lot of the other deputies were the same way.
A-15
CONFIDENTIAL
DENVER_029152
12-cv-02682-JLK
Exhibit B
20
There was water in the pod that was so hot it was not drinkable. It was hotter than a
coffee pot and inmates had unlimited access to the water.
Affidavit 56-14 Augustus Lee Sanford 07/19/1977
He was in the Denver J ail for two years and was housed in 3A, Cell 201 when J amal was
assaulted.
He states that everything went on in the pod-hooch, gangs, crack and weed. The
deputies did not do anything about this.
There were a lot of fights. He says he was involved in a fight and didnt receive proper
medical care.
He claims that Rumer is mean and a racist and would harass black inmates.
When J amal was assaulted he was in free time outside and saw something going on in
cell 103 and he went into try and stop it. J amal was screaming and they kicked him in the
ribs, head and tried to choke him out. They knocked him out at least twice and were
beating him for maybe 30 minutes and tried to put a plastic bag over his head. The
attacker went and got hot water and threw it on J amals genitals. Rumer kept walking
outside the cell and didnt do anything. After the beating Rumer let the main attacker out
so he could go to the gym. That waythe other deputies could not pick up the right guy.
DISTRICT ATTORNEY REVIEW
This case was presented to Chief Deputy District Attorney Douglas J ackson. The case was
refused for prosecution as there were statue of limitation issues; there were credibility concerns
with the witnesses; and the allegations were not specific enough to file a complaint.
SUBJECT OFFICER STATEMENTS
Deputy Sheriff Gaynel Rumor
The following is a summary of relevant portions of the deposition of D/S Rumor which took place
on Aug 22, 2013 and Sept 19, 2013.
D/S Rumor denied ever hearing any allegations against him of being drunk on duty and
denied drinking alcohol or being intoxicated on duty. He also denied introducing contraband
into the jail.
A-16
CONFIDENTIAL
DENVER_029153
12-cv-02682-JLK
Exhibit B
20

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