‘Combined Cours, Clear Creek County, Colorado | Court Address: 405 Argentine Street, Georgetown, Colorado n0aas, PEOPLE OF THE STATE OF COLORADO vs. | Defendant: NICHOLAS ANDREW HANNING (Date of | Birth: 08-11-1985) __ WARRANT FOR ARREST OF DEFENDANT FROM: THEPEOPLE OF THE STATE OF COLORADO TO: ANY PERSON AUTHORIZED BY LAW TO EXECUTE WARRANTS WITHIN ‘THE STATE OF COLORADO, GREETINGS: Pursuant to Rale 4.2, Colorado Rules of Criminal Procedure, you erehereby ‘commanded to arest NICHOLAS ANDREW HANNING (Date of Birth; 08-11-1985) forthe offense(s) of: Assualt in the Third Degree against an At-Risk Person; in violation of §§ CRS 18:3-206 (1)@) and 18-6.5-103 (3c), a Class 6 Felony Offense, and bring hima without unnecessary delay befere the nearest judge ofa coust of rewor, paren: alo. BAIL: 20D __Gash/surety STATEOFCOLORADO RETURN OF SERVICE|" ‘COUNTY OF ) {uly served the within warrant by arestng: [NICHOLAS ANDREW HANNING (Date of Birth: 08-11-1985), ‘3 required therein, om the day of 7 FEES: Serve § Mileage Return Total SHERIF‘ombined Courts, Clear Creek County, Colorado sr Court Address: 405 Argentine Street, Georgetown, Colorado 0eas, PEOPLE OF THE STATE OF COLORADO ws. Defendant: NICHOLAS ANDREW HANNING (Date of Birth: 08-11-1985) COMES NOW the District Attorney forthe Sth Judeal District of Colorado nnd requests that this Court isue an Arrest Warrant for Defendant pursuant te Colorado Rule of Citmdoat Procedure and shows the Court as follows! 1. Rule 42 provides that upon request ofthe Distt Attorney's Office the Court may ise an ‘Arrest Warrant provided probable cause, in writings shown, 2, tached hereto is an Affidavit for Arrest Warrant seting forth written probable cause as oncerms this Defendant and the commission ofthe offense in question. This affidavit & earhod Attachment "A", WHEREFORE, the undersigned requests thatthe appropriate Arret Warrant as concern this attr be frved. ‘Respectfully submitted this 07th day of July 2021. Cw( Conbined Coarts, Clear Creek County, Colorado Court Address: 405 Argentine Sweet, Georgetown, Colorado oad | | PEOPLE OF THE STATE OF COLORADO ¥s. Defendant: NICHOLAS ANDREW HANNING (Dite of Birth: 08-11-1985) Case Nember COMES NOW the District Attorney fo the Sth Judicial ise of Colorado and requests thal this ‘Court issue am Arvest Warrant for Deeodant pursuant to Coleralo Ree of Crimi sind shoes the Court as elows: 1 Rule 42 provides that upon request of the Distt Atrney’s Office the Court may see at [Arrest Warrant provided probable cause in wen, shown, ‘Atachient WHEREFORE, the undersigned requests thatthe appeopiste Arrest Warrant matter be ued Respect submited this 07h day of July 2021, ‘Aftane| Combined Courts, Clear Creek County, Colorado Court Address: 405 Argentine Stet, Georgeiown, Colorado 044s PEOPLE OF THE STATE OF COLORADO ws. Defendant: NICHOLAS ANDREW HANNING (Date of Birth: 08-11-1985) | Ritomey or Party Without Atornys AFFIDAVIT FOR ARREST WARRANT ATTACHMENT “A” ‘The following Affidavit is submitted tothe Court to document the probeble cause in support of a ‘request forthe issuance ofan Arrest Warrant for NICHOLAS ANDREW HANNING (Date of Birth: 08-11-1985), ‘This offense is flly documented in Colorado Bureau of Investigation (CBI) Report No.2021- 173 detailing the offease(s) of ‘Assualt in the Third Degree against an At-Risk Person; in violation of §§ C.R.S, 18-3-204 (Ia) ‘and 18-6.5-103 (3)(c),& Class 6 Felony Offense. |. Your Affiant is Joseph Cehil, a duly swom Agent and State of Cclorado certified peace officer with te CBI and who has been employed as such since 2015. Additionally, your Affanthas over 24 yeas of law enforcement experience as a peace officer in the State of Colerado and as a badged and credentialed Supervisory Special Agent Chief Warrant Officer with U.S. Army Counterintelligence. ‘Your Afiat hae participated in and supervised assault and officer-involved use of force investigations during this, experience 2. Your Affiant submits the following facts demonstrate probable case to believe that, on ‘or about May 30, 2021, inthe County of Clear Creek, inthe State of Colorado, Idaho ‘Springs Police Department (ISPD) Police Officer (Ofe.) NICHOLAS ANDREW HANNING (Date of Birth: 08-11-1985) did, through the use of excessive force, ‘commit Assualt in the Third Degree against an AURisk Person; in violation of §§ CRS. 18-3-204 (1a) and 18-6.5-103 (3)(0), a Class 6 Felony Offense, against the victim, MICHAEL CLARK (Date of Birth 08-07-1946), 75 yearsof age, an "At-Risk Elder’as defined under § C.R'S. 18-6.5-102 (3), "means any person who is severntyyears of age or older”. This affidavit is being submitted to suppor the issuance of an arrest warrant for these offenses. 3. The acs inthis affidavit come from the review ofthe ISPD palice reports, review of all kaown ISPD video footage, statements, ISPD policies, medical trestment documents, my personal observations, and my training and experience. This affidavit is intended to show merely that there is sufficient probable cause forthe requested arrest, ‘warrant and does no set forth all of my knowledge about this matter, ‘4 All information contained inthis affidavits located in CBI Case Report No, 2021-173 and ISPD Caze Report No, 21-0444, 5. On Jene 04,2021, based onthe useof force depicted in the ISPD video(s) and the alleged injuries sustained by MICHAEL CLARK during the indent, the 5” Judicial Distnet Attomey’s Office requested a use of force investigation by the CBI, Facts in support of probable cause Background of those suspects mentioned inthis affidavit 6. NICHOLAS ANDREW HANNING, Date of Birth: 08-11-1985, and is a Colorado resident. HANNING has no history ofa felony criminal record. HANNING graduated fiom the Red Rocks Community College Basie Law Enforcemert Training Academy (on December 17, 2010. HANNING was certified as Peace Officer through the Boost ‘On Celorado Pe ‘Number B-16444. HANNING has been employed asa police ofier a the ISPD since October 02,2017. Prior this service at the ISPD, HANNING was employed as Deputy Sheriff with the Park County Sheriff's Office. HANNINS completed an Axon ‘Taser centfcation cours in 2015 and 2017, a recertification couse on 11-07-2018 and a ‘Taser manipulation and fring dls” course on 03-10-2021", HANNING hes also vended other including the following: "Verbal De-escalation” ‘SWAT Tactics" 2015); "Conflict Managemen/Ds-Escalation Skill” (017) “CIRSA Use of Force” (2018);"Verbal De-Escalation Scenarios” (2018). “Respending to People with Mental less” (2020); “Mental Healla Recognition 2020), Initial 911 Call for Service 7. On May 30,2021, at 2242 hours, the ISPD received 491 call from TIMOTHY. BRAYDEN (Date of Birth 05-29-1991). BRAYDEN advised the dispatcher, “My ‘neigh just punched my roommate in the face... What she sed happened. was ‘utsideand my understanding is..that he banged on the wall an wider tat che was Betting 00 loud, that she needed to be quiet and she banged onthe wall back. and she ing document eeved bythe ISPD on 6.08202 fromthe Clea Creek Shei Office (CO) * Colrado POST Thining Record pried on 427-2017, provided bye I.has been drinking...we wer in the house, lke, (when asked by the dispatcher to identify her) i's BRITTANY ODOM... she got punched.” 8, At2 minutes and 12 seconds of the recording, BRITTANY ODOM (Date of Binh: 10- 26-1990) took over the phone call with 911. ODOM stated, “So, he was banging on the ‘wall, ‘Shut the fuck up!", and, 1 was literally in here sleeping. ..s0 went out there and knocked on his door. He fucking knocked me in my face." ODOM further stated she ‘was bleeding from her nose and mouth, ODOM said it was not curently bleeding and ‘that she had to wash Ler faceoff Initial ISPD Dispatch Information 9. The ISPD dispatched sired, “All cas, assaultin-progress, at 3201 Riverside Drive, oom number 211, RF? slated neighbor punched his roommate inthe face.” Of. ELLIE SUMMERS ared, “207, both. .units enroute from downtown (acknowledged by dispatch at "2243"hours). 10. The dispatch center then sired for EMS to “stage for an assault", "211", "for an assault just occurred”. As the medical units acknowledged, the dispatch center aired again was for“an assault shat just occured”. They also aired, “Female...with face injuries” {transmission ended "2246" hours). Ofe. SUMMERS aired that "both units on scene” (ccknowledged by dispatch a "2246" hours) Initct contact by ISPD with ODOM and BRAYDEN 11. On May 30, 2021, at 2246 hours, Ofe. SUMMERS and Ofe. NICHOLAS HANNING arrived and walked dieeily o Apartment 211. They contacted BRAYDEN and ODOM at Apartment 211 12, BRAYDEN pointed towards Apartment 210 and stated, “This neighbor right here is what she said." 13, ODOM stated, “He benged on the door oF on the through wall, shut the fuck up! 1 ‘came out and was like, what's going on? Right tothe fucking mouth.” 14, When asked which apartment the assailant was in, ODOM responded, “I don't know, right there, possibly?” 15. When asked what the victim looked like, ODOM responded, “He is older man. 1 ‘honestly don’t know. I got knocked the fuck out...He busted all of my shit (pulling ar OF ARREST TEBOW tt utiorn rie mrcuence oF ALcoHO. oR omveS CO wowtaucyairaneo Dsverecteo nner ne nrwenccotAcooLoRORUOS LI ome ae ‘em Leyes oF RESISTANCE —— ee ee revene. oon. nro exe. 5070) Leicester tetera see passive resistance (exrLaiy (@aed weg er cigig fo beste a a C1 escape nesisraice (xovany Posy or ul 5) co Un Eas wa ESATO Ne C1 poe nconsston(exrn [Physteal actons of scent) " 2 jean aerate donerac gone sere se/ yom a Tear a garg cana ve aT NG TT TET —‘are or co ———— ‘Rl yenan gg) arn TMD 10 GET OM Eten O aetwerosnin ec uam: eo Hazmat na see uae Ber Taco eet og ict Satan teen ame (Curatrones eran 5 em ih ky ——— 60. As previously noted, the action of striking CLARK in the back of the head is not ‘documented in Ofe. HANNING'S original report (ISPD 21-0444) or his supplemental Response to Resistance report. “Interview of MICHAEL CLARK by the CBI 461. On June 04, 2021, CLARK was interviewed by your Affiant at St. Anthony's Hospital. CLARK stated around 2100 hours (May 30, 2021) he laid down to sleep. Then, around 2230 hours, CLARK stated, “There was blow to the wall. thought they were comin’ through the wall.” (62, CLARK stated eround 2300 hours (May 30, 2021), “And the next ~ net ting oud knocking door.Well the ime - ime of night um, empty hallo crazy people out there making nose or fm not gonna = Tm not gon’ eat hee and conroting anybody. A ‘man would be a foo! to go out there and conient people, uh, crazy peopl that te ‘cting in an iational manner and go out and ~and concn ‘em... didnt get any {ecopsition who it was. Tere was nono impression who i was, Just loud knocking.” (63. Your Affiant asked CLARK what he meant thit he did not “get any recognition.” CLARK stated, “They didnt they didnt idenify who they were. I opened the door ‘where standing police officers are both atthe door. said, "What's goa’ on? And we hear, "What's goin’ on?" They couldnt tell me what - what happened- what was going on. All they did was wham. 64. CLARK continued, “I walked with - I took ~ disarmed myself... And put it up beyond ‘my reach, There was no need to. Then I walked back tothe door, not going out my threshold..And the female officer was standing there in font. And the, uh - I didnot even see the officer onthe side. He was yelling, "Get back. Lay down. Do this. Mm, ‘why? Why? Tell me. And then all the sudden bere comes - I get =I get zapped with the I get zapped with two ~ two wounds... I opesed the doo, they said nothing.Absolutely nothing. They ~they gave me no indication what - what they were there for." “Interview of Ofe: SUMMERS by the CBI 6 ‘On June 09,2021, Ofe. SUMMERS was interviewed by CBI Agent KELLON HASSENSTAB and CBI Agent DEREK GRAHAM. 6. Ofe. SUMMERS described Ofe. HANNING initially seeing the weapon and said it {ok some time for her to see it. The weapon possessed by CLARK was described by (fe. SUMMERS as atwo-fo0t machete with fake bone and shark teeth on i. Of. ‘SUMMERS said she initially perceived this as @ deadly weapon (38 a machete) and responded accordingly by pulling out her handgun and pointing it at CLARK. 67. Ofe. SUMMERS said she discussed the incident with Ofe, HANNING, Ofe. ‘SUMMERS said she asked Ofe. HANNING about why he didn't make announcements at the door and whether it should have been done. Ofe. SUMMERS said they discussed “there are two schools of thought about whether to announce when knocking on the a (68. Agent HASSENSTAB asked Ofe. SUMMERS about when the door opened at frst contact and asked what she perceived a the time. She sad she had thought alot about this and didn’t immediately perceive CLARK or the sword because Ofe. HANNING stepped inte the doorway quickly. Ofe. SUMMERS said she then saw (a glimpse) the machete as Ofe. HANNING was going into the threshold to kick CLARK. Ofe. SUMMERS said she felt threatened and concerned (about CLARK possessing the weapon). 69, After Ofe, HANNING kicked Clark and contact was broken, Ofe, SUMMERS said she ‘saw CLARK put the machete away. After the machete was put away (on the shelf), (Ofe. SUMMERS said the situation had changed in her mind to an ares situation; fr “titd-degree assault and menacing”: 70. Ofe. SUMMERS said she stayed at gunpoint with CLARK, prior to Ofe. HANNING'S. ‘Taser deployment. Ofe. SUMMERS said CLARK said, "No" after the commands were: given and stid CLARK started talking to them. Ofe. SUMMERS said she was listeaing and waitingto talk to CLARK. Ofe. SUMMERS said there was areal possibility tke situation would devolve because CLARK was between the officers and the machete (fe. SUMMERS said she fl like she could talk to CLARK but also wanted to keep her gun out because of CLARK being able to access the machete, Of, SUMMERS seid she felt comfortable engaging in dialogue with CLARK, and said she did not expec: CLARK to be tased. When asked, Ofe. SUMMERS stated she would have listened to CLARK and tried to talk to him, She sai she would not have made the decision Of. HANNING did, * Of. SUMMERS later sted ater physically handing hemachte” hat it fel ie denly weapon.171, Ofe. SUMMERS confirmed that durin the incidest, she and Officer HANNING would have been immediately recognized as ISPD officers duc to their wiforu 72, Agent HASSENSTAB then referred to Ofe. SUMMERS’ repor in which she characterized CLARK as “defiantly” saying no when she and Ofe. HANNING give verbal commands to him. She didnot provide any specifics about CLARK'S alleged ‘defiance, other than it bein frm and loud. Agent HASSENSTAB asked Of. ‘SUMMERS if there were any other non-verbal cues or preassault indicators from CLARK, and she sid she was not certain but thought CLARK might have been “bladed” towards the officers. Attempted interview of Ofe. HANNING by the CBI 173. The CBI contacted Ms. LARA JIMENEZ, private defense counsel for Ofe. HANNING, and seheduled an interview with Ofe. HANNING at the CBI in Lakewood on June 16, 2022. 74, On June 16, 2021, Ms, JIMENEZ contacted the CBI and advised Ofe. HANNING ‘would not eppear forthe scheduled interview due to an incident with the ISPD. Ms. JIMENEZ explained that on June 15, 2021, she scheduled Ofe. HANNING'S Internal ‘fairs interview withthe ISPD. The ISPD made no mention or attempted to coordinate with her the retrieval of Ofe. HANNING'S duty-issued Taser and other equipment. 17. The CBI later leamed from Ms. JIMENEZ that earlier in the morning on June 16,2021, the ISPD traveled to Ofe. Hanning's personal residence, without coordination with Ms JIMENEZ or the CBI, and contacted Ofe. HANNING. Ms. JIMENEZ, stated, “Based ‘on the agency's (ISPD) actions, to include not contacting us before taking any ofthese ‘actions, we aren't going tobe coming in fr an interview today” 76, Due to these cireumstances, Ms. JIMENEZ, dd not permit the interview to be rescheduled with Ofe, HANNING, (CBI processing of MICHAEL CLARK'S Apartment No. 210 77. On June 08, 2021, Agent HASSENSTAB and CBI Crime Scene Agent-in-Charge (AIC) CLINT THOMASON traveled to 3201 Riverside Drive, Apt. 210, and took the bbelow measurements (excerpted from AIC THOMASON’ report)ving Room | Review of MICHAEL CLARK'S MEDICAL RECORDS for May 30-31. 2021 78. On June 29, 2021, the Medical Records Office at St. Anthony's Hospital provided the Bia 106 page PDF packet of Michael Clark's medical records for May 30-31, 2021 79. A review ofthese records disclosed (excerpted) that CLARK suffered a “laceration of right eyebrow” and “elevated troponia'®-" The laceration to CLARK'S eyebrow was sutured, CLARK was admitted to monitor his “troponin” levels. Dr. MARY NGUYEN noted, “likely demand ischemia in seting of being tsered.” 80. A toxicology screen was completed on CLARK, which disclosed he had no aleohol or illegal drugs in his system. Review of ISPD Policy No, 304 Electro-Muscular Disruption Technology Guidelines a ISPD Policy No. 304 states, “The TASER device is intended to control violent or potentially violent individual, while minimizing the risk of serious injury.” 180. Policy 304, Section 304.4, continues, “A verbal warning ofthe intended use ofthe TASER device should precede its application unless it would otherwise endanger the safety of officersor when it snot practicable due to the circumstances. The purpose of the warning isto (a) Provide the individual with a reasonable opportunity to voluntarily comply: (b) Provide othor officers and individuals with a warning thet the TASER device may be deployed. If, aftr a verbal warning, an individual is unwilling to voluntarily comply with an office's lawful orders and it appears both reasonable and feasible under the circumstances, * teponas are group of pros ound in skeletal an ha (aia) sl ber rogue scar enirction. Troponin ets ese the el fern roponin the Bl Wo ip det bt41, Policy 304, Section 304.51. continues, “The TASER device may be used in any of he following citeuristances, when the circumstances perceived by the officer atthe ime indicat tha such application is reasonably necessary to control a person: (a) The subject is violent ors physically resisting: (b) The subject has demonstrated. by wores action, an intention tobe violent orto physically resist, and reasonably appears © presen the potemial to hacm officers, hinuherselF or thes", Poliey 304, Seton 308.52, continues, “The use ofthe TASER device on cenain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger tothe officer, the subject or other, and the officer reasonably believes {hat the need o control the individual outweighs the risk of using the device. This ineludes:() Elderly individuals or obvious juveniles 83. Pusuant wo § CRS. 188-803, Use of Excessive Force, “Subject tothe provisions of Section 181-707, a peace officer who uses excessive farce in pursuance of such olfcer’s law enforcement duties shal be subject to he criminal Iws of this tate to 19 sume degree as any oer cilia {84 Based onthe facts set forth above. your Atfint submits probable cause exists fo believe that, on May 30,2021, within the County of Clear Creek, State of Colorado, ISPD Ole NICHOLAS ANDREW HANNING (Date of Bint; 0811-1985) did, dough the use of excessive force, commit Assualtin the Thied Dsgres against an AU-Risk Person; in violation of §§ CRS. 18.204 (1a) and 18-65-103 (3). a Class 6 Felony Offense, agains the victim, MICHABL CLARK (Date of Binh 05-07-1946). Your AMTiant respectfully requests the Court issue warrant forthe aest of NICHOLAS ANDREW HANNING. NICHOLAS ANDREW HANNING is described as a White male, Dae ‘Bit: 08-11-1985, 5°, 1b, Black Hair and Green Eyes, ‘Kifiant eseph Cahil, CHT Agent De Tne “This affidavit was reviewed by the H31704- wih te Sth Juicil District Auorney’s Oifice on July G#A, 2001, sbsnribed te anQ sworn Somly Sf iter. Zz"