You would be shocked how many people come into our Fort Collins office facing criminal charges after they were the ones who called the police for help. It happens all the time. People reach out to the Larimer County Sheriff or Fort Collins Police Department asking for help with an escalated situation and the responding officers end up getting it wrong and arresting the person who initially ask for help. The news article I read today is one of the most ridiculous examples of this. A 7-year-old boy and his sister came into their house and reported to their mother that a neighbor had assaulted the young boy. When the mother confronted the neighbor about it, he stated that the boy had littered on his property. The boy claimed that the neighbor had grabbed and choked him, leading his mother to call the police and report the incident.
However, the police officer who responded was condescending to the mother, goading her about how she raised her son. The mother got loud and the next thing you know, she and her 15 year old daughter were on the ground being handcuffed (click here to see the news article and video). Seriously, a guy chokes a 7-year-old – which, in Fort Collins, Loveland, and Estes Park would mean felony Child Abuse charges – and the mother who called for help gets arrested? Meanwhile, the man gets off scot free? Makes no sense to me.
Larimer County Resisting Arrest Lawyer: What is the Definition of Resisting Arrest?
So, what was the concerned mother charged with? Resisting Arrest. The Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
Seriously, you should watch the video above, because the officer never tells the woman that she is under arrest. He says, “if you piss me off, I’m going to take you to jail.” The woman’s daughter steps between them and both the mother and her daughter get thrown to the ground. Maybe, since the daughter stepped in, she could face these charges, but I don’t know how they apply to the mother. This is the problem in Larimer, Boulder, and Grand County. Anytime police are involved in an interaction, you are automatically vulnerable to a long list of police involved crimes like Resisting Arrest, Obstruction, and False Reporting. And it seems that some officers will quickly accuse these crimes just because they can. Yes, the police lie to justify what they have done. Believe me, I would have been yelling too if someone had choked my son and the police were accusing me of being a bad parent practically saying it’s ok for someone to grab my child because he littered. Most Child Abuse allegations are taken very seriously, so I’m stunned that the officer in this situation didn’t seem to care.