Disorderly Conduct is charged across Colorado including in Kit Carson County, Logan County, Morgan County, Phillips County, Sedgwick County, Washington County, and Yuma County for many different reasons. Sometimes, when police in Sterling or Holyoke are annoyed or dislike an individual, they find a way to charge them – and Disorderly Conduct is an easy one they tend to rely on. That is definitely the case in one man’s situation. According to the report, the Logan County man’s neighbor called the police to report a verbal argument. When police arrived on the scene, the woman answered the door and confirmed the argument was just verbal. The man came to the doorway and declined to come out of the house and talk to him. Instead of respecting that, which, by the way, you have the right to not speak to the police, the officers reached into his house, pulled the man out by the arm, threw him to the ground, handcuffed him, then hogtie him. This all happening while he is telling them he is not resisting and body cam footage shows he was not kicking his legs when officers restrained his ankles and tied them to his wrists. He was placed in the back of the patrol car face down for 10 minutes before being transported to the station and charged with Disorderly Conduct, Obstructing a Police Officer and Resisting Arrest. The charges were later dropped and a civil suit has been filed against the officers involved.
Morgan County Disorderly Conduct Lawyer: Definition of Disorderly Conduct Hogtie in Colorado
The Fort Morgan, Colorado law definition of Disorderly Conduct – C.R.S. 18-9-106 – is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.
Honestly, I’m not sure what subsection the man would have been charged under. If he was fighting with his girlfriend in their home, that’s not a public place. Maybe they thought they could argue that he was making unreasonable noise near a private residence (another person’s house) but if he was doing it at his own house, then it wouldn’t work because he had every right to be at his own house. Obviously, the charges didn’t stick, so it really doesn’t matter except that some officers try and bend the law to make charges work just so they can arrest someone. Job well done, gentleman.
If you or someone you love has been charged with Disorderly Conduct, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley / Weld County – CLICK HERE to visit our Weld County site. Together, we can protect your future.
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