INTERNAL AFFAIRS BUREAU CASE INVESTIGATION SUMMARY REPORT

5/24/2018 INTERNAL AFFAIRS BUREAU CASE INVESTIGATION SUMMARY REPORT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 12-CV-02682-JLK-MJW

JAMAL 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 of20


DRAFT DOCUMENT NOT COMPLETED, REVIEWED, OR APPROVED

INTERNAL AFFAIRS BUREAUCASE INVESTIGATION SUMMARY REPORT

Case Number: IC2014-0014

Subject Officer: Gaynel Addison Rumer S07006Investigator Assigned: Sergeant Brian Cotter, 99031

It is necessary that the reviewer read the interviews in their entirety, and review allaudiotapes and videotapes for a comprehensive understanding of this case.

INCIDENTAllegations surfaced from affidavits received by the City Attorneys officer regarding incidents thatoccurred in Pod 3A around July, 2011.

COMPLAINTAllegations regarding an assault to Jamal Hunter which occurred on July 18, 2011 wereinvestigated by the Denver Sheriffs Department and the Deputy was disciplined for what occurredin that investigation. Additionally the assault case against Jamal Hunter was investigated byDenver 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 whilehe was in the Pod and general allegations of favoritism and a lack of control in the Pod becauseof the deputys actions. Additionally the affidavits allege that D/S Rumor was intoxicated while on-duty.

INVESTIGATION02-04-14Sgt Cotter was assigned this case for follow-up investigation. Specifically the scope of theinvestigation was limited to misconduct in Pod 3A by Deputy Rumer or others alleged in one ormore of the 14 affidavits filed as part of a federal lawsuit in January 2014. The specific acts whichoccurred on July 18, 2011 for which D/S Rumer had already been disciplined are specificallyexcluded 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

02-05-14Sgt Cotter received a copy of the DSD investigation related to the July 18 incident. DSD CaseS2011-07273. The case had been investigated by Deputy Sheriff Sgt. Romero.

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CONFIDENTIAL DENVER_02913512-cv-02682-JLK

Exhibit B




02-06-14Sgt Cotter reviewed the DSD investigation and also found that a criminal investigation wasconducted by DPD Detective James Medina. DPD Case 2011-31633. It related the following:

Detective Medina received the case on July 19, 2011. Detective Medina met with Mr.Hunter on July 23, 2011 and the victim told Detective Medina that someone would haveto 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. DistrictAttorney 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 puttogether for Sherman Gardner, Dwight Robinson and Lucio Loboi. Mr. Hunter toldDetective Medina that Sherman Gardner was the look out and was present for theassault. He stated that Dwight Robinson started the assault by putting him in a chokehold and then put him on the bed and punched and beat him. Mr. Hunter told DetectiveMedina that Lucio Loboi was in the room at the time and was the look out. Mr. Hunteralso told Detective Medina that a Hispanic male and a male that goes by OC wereinvolved 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 asbeing involved in the assault.

Detective Medina reviewed the information that he received from the Denver Sheriffsdepartment. On 10/05/11 Detective Medina presented this case to the District AttorneyHarrison, who refused the case stating video proves that suspects did not do assault.

02-06-14Sgt Lenderink requested a list of inmates who were housed in Pod 3A from June 1, 2011 to July31, 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 logsinvolving 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 Jamal Hunter with the DSD. None of theallegations at the time related to anything beyond a misclassification (resulting in alleged improperhousing) and the injury incident. He does not allege any of the misconduct or failure to protectissues raised by the 14 affidavits.

02-21-14Sgt Cotter received a list of the inmates housed in Pod 3A from June 1, 2011 to July 31, 2011.Sgt Cotter also contacted Sgt. Garcia and again requested information on the last shake of Pod3A, outside of a canine assisted search.

Sgt Cotter reviewed the inmate records which indicated that a total of 156 inmates were housed inthe pod in the specified time frame.

02-28-14Sgt Cotter identified Adrian Leos (CD 542930) as an inmate who had been housed in 3A during2011. He was currently housed in DJC Pod 3F.

03-04-14Sgt Cotter and Sgt Lenderink interviewed Adrian Leos. This interview was audio and videorecorded. See summary below.

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Exhibit B




Sgt Cotter reviewed the list of 156 inmates and found that several of them remain incarcerated inDepartment of Corrections Facilities. Sgt Cotter found that three could be contacted at CrowleyCounty Correctional Facility and nine could be contacted at Sterling Correctional Facility.

03-10-14Sgt 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 onthe 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 audiorecorded and summarized below.

Amos Page CD# 634101 Khamis Horn CD# 669064 Tilton Woodley CD# 405920

03-11-14Sgt 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 recordedand summarized below.

Jacob Garcia CD# 478678 Geradino Gonzales CD# 504954 Cirilo Gonzalez-Zamora CD# 719680 Matthew Mitchell CD# 692056 Jesse Martinez CD# 424192 Jerry Thomson CD# 381330 Augustus Sanford CD# 595534 Toray Walker CD# 637739 Fermin Velasquez CD# 210145

03-18-14Sgt Cotter contacted Sgt Joseph Garcia, DSD, and requested the Daily Search and InspectionLog. He promised to send a copy by inter-office mail.

03-21-14Sgt Cotter sent an email to (now) Captain Nina Sich of the DSD requesting an interview related tothis investigation. She replied later and indicated she had been deposed during the civil litigationon this matter but was willing to speak with Sgt. Cotter.

03-24-14Sgt Cotter sent an email to Mr. Stuart Shapiro of the City Attorneys Office requesting a copy ofthe depositions made by the several deputies in this case.

03-28-14Sgt Cotter received and reviewed copies of transcripts of several of the depositions conductedrelated to the Federal Lawsuit which included:

Plaintiff Jamal Hunter Capt. John Romero Sgt. Randolph (Randy) Romero Deputy Gaynel Rumer Sgt. Nina Sich Chief Michael Than

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Exhibit B




See below for summaries of relevant portions.

04-04-14Sgt Cotter received copies of Tier Sheets from the DSD for the Denver Justice Center for June 12011 through July 31, 2011. They are scanned images of printed pages from the DSD jailcomputer management system (JMS) 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 thecompact disks were stored in the Property Bureau. Sgt Cotter spot reviewed these files includingthe date of July 18, 2011. Nothing relevant to this investigation was noted.

04-14-14Sgt Cotter contacted Captain Sich and requested assistance identifying deputies who worked inPod 3A and in proximity to D/S Rumor. She provided a list of the following deputies:Deputies Working the Same Shift/Days OffD/S Chris MartinezD/S Steve SingletonD/S Juaquin GarciaD/S Frances Norgaard

D/S James NystromD/S James JefferyD/S Justin TomsickD/S Anthony Lucero (Worked 8 hours as relief)

Deputies Relieving at 2030 Hours/Same Days OffD/S James BoydD/S Steven CrewsD/S Cordelia BrimageD/S Jen Langan

D/S Carl StarksD/S Sam Mazotti (worked 8 hours as relief)D/S Larry BrownD/S Roberto Roena (worked 8 hours as relief)

Sgt Cotter sent an email to each of these officer and Capt Sich requesting their assistance inscheduling an interview.

04-21-14 to May 15, 2014Sgt. 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 hadany 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.

05-15-14Sgt Cotter presented this case to Chief Deputy DA Doug Jackson. The case was refused forprosecution.

05-16-14Sgt Cotter interviewed D/S Singleton and took a written statement from him. He did not have anyknowledge of any of the alleged misconduct by either D/S Rumor or any other deputy which hadnot been addressed through sheriff department discipline procedures.

INMATE INTERVIEWSAdrian Leos (03-04-81)Denver Justice CenterDPD/CD #542930This interview was audio recorded and conducted at the Denver Justice Center in a 3rd floorinterview room. Below is a summary however the full interview should be reviewed for specificdetails.

Mr. Leos related that he has not had any concerns about his safety or the safety of otherinmates while in the DJC or more specifically Pod 3A. He confirmed that he was housed inblock 103 while housed in Pod 3A by use of a diagram. Mr. Leos stated that the deputiesoperated the pod and that he never saw or knew of any of them being intoxicated. He did not

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Exhibit B




know of any alcohol being produced in the Pod nor had he seen any contraband includingpornography or marijuana being introduced into it.

Mr. Leos stated that he did not know of any punishments being administered by inmates.

Michael NicolatoSkyline Correctional Facili ty

DPD/CD #692759Mr. Nicolato did not wish to be questioned about the assault incident but responded toquestions about his perceptions related to the security of the inmates at the jail. He stated hefelt 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 enterthe facility. The deputies did not condone the production of alcohol nor did it permit inmates tosmoke or use controlled substances. He stated that the deputies did not permit inmates toassault each other and reacted appropriately when such incidents occurred.

Amos PageCrowley County Correctional FacilityDPD/CD #634101

This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Page related that he did complete the affidavit filed in Federal Court. He affirmed that itwas true and accurate. He stated that the attorney(s) told him he would not get in trouble forwriting it.

Mr. Page denied being a gang leader but admitted the circumstances in [Pod 3A] could makeit look otherwise. He stated that Deputy Rumor was drunk and wild Mr. Page assertedthat everyone knew Deputy Rumor was drunk but that the introduction of the contraband wasonly known to a few top players He refused to provide the names of other persons whoknew about this. Deputy Rumor would bring in cigarettes and chewing tobacco. Mr. Pagespeculated 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 at9pm and shift change took place at 2pm.

Mr. Page related that inmates frequently got in trouble for making hooch (alcohol) because thedeputies were required to perform cell shake downs frequently. Mr. Page knew that DeputyRumor permitted one of Mr. Pages associates to produce hooch. Other deputies were moreby 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 themarijuana distributor to obtain permission for Sgt Cotter to speak with them. [Sgt Cotter wasnever contacted with this information]

Mr. Page stated that inmates are safe in the jail and that the concerns he raised are specific toD/S Rumor, not to the other deputies. There are good people there, specifically Sgt. Sich andCapt. Roman. Most of the deputies did not allow rule violations and were diligent in theirduties.

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Exhibit B




He explained that the hooch would need to be burped and that they would only do this whenD/S Rumor was working because they knew he would overlook the smell. He described howthey 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 viewinto the bed areas. Additionally they can hang a curtain in front of the toilet and smoke behindit.

Mr. Page stated that D/S Rumor only brought marijuana into the jail a couple of times. Heexplained that with the contraband D/S Rumor would not had it to the inmate, rather he wouldmake the item accessible. For example D/S Rumor would make eye contact with the inmateand then put the item into a trash or otherwise leave it accessible for the inmate to thenretrieve. D/S Rumor would be paid outside of the jail usually. Mr. Page refused to provide theidentity 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. Theinmates 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/SRumor would not print them out at the jail. D/S Rumor provided the pornography to several ofthe inmates. He explained that D/S Rumor conveyed the pornography by leaving the item inthe trash, making contact with Page and then walking away. Page would then collect thetrash 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 believedthat 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. Pagestated he felt that he felt bad about what happened to Hunter. At that point in time he felt thatHunter 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 keepeveryone in the pod safe and that it was wrong for D/S Rumor to turn a blind eye, or makehimself unavailable [during the assault to Hunter.]

Mr. Page was confronted about how his sworn affidavit included admissions related to theassault on Hunter and that these admissions could lead to Federal Court testimony andpotentially criminal charges related to the assault. He stated he had signed another paperwith the attorneys which stated he would not be charged. He stated that the civil attorneypromised him that he would not be prosecuted for completing the affidavit.

Khamis Horn

Crowley County Correctional FacilityDPD/CD #405920This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Horn related that generally the deputies were professional but there were some who werenot. Some of the deputies would curse at the inmates and then get upset if the inmate cursedback at them. He wasnt sure he was actually housed in Pod 3A, rather he thought he hadbeen housed in 3F.

He felt that he felt somewhat safe in the jail because there were sheriffs or inmates might notlike a person because of what they were being held for.

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Exhibit B




He heard from other inmates that deputies were drunk on-duty but never observed thishimself. He couldnt remember the names of deputies were had been intoxicated while atwork.

Inmate Horn did not see any cigarettes or marijuana in the jail. He has smelled the scent ofmarijuana 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 thisfavoritism did not result in commission of criminal acts. He qualified this by explaining that hekeeps to himself while incarcerated. He denied seeing pornography in the jail. He stated hehas seen inmates producing hooch but that all the deputies he interacted with would take thehooch when found. He denied producing hooch himself. He speculated that others wouldmake hooch in 5 gal trash bags.

He stated that certain deputies did try to keep the inmates safe. Those that didnt might wouldpermit the inmate to be assaulted by other inmates. He did not have a specific example ornames of persons involved.

Tilton WoodleyCrowley County Correctional FacilityDPD/CD # 405920This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Woodley denied seeing any collaboration between deputies and inmates or illegalactivities by the deputies. He denied personal observation of any deputy intoxicated butstated he had heard jail rumors.

Mr. Woodley stated that he did know of inmates smoking cigarettes or marijuana but thatdeputies 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 hoochalmost daily.

Mr. Woodley stated that he felt safe and that the deputies maintained too tight of control overthe inmates.

He did not know of any deputies bringing in pornography or marijuana. He recalled the adeputy from Pod 3A who was terminated for the fight. He stated that this deputy was astickler for the rules. Woodley was surprised at the discipline. This deputy did not show anyfavoritism. It was Woodleys understanding that this deputy broke up the fight but he didntcall it in soon enough.

Woodley stated that the inmate who complained on this deputy made up the lies against thisdeputy because he didnt like the deputy.

Woodley denied paying rent to another inmate. He stated that rent payments occur in everyjail but he didnt know who was receiving or paying rent in DJC.

Jacob GarciaSterling Correctional Facili tyDPD/CD # 478678This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

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Exhibit B




Mr. Garcia specifically asked if this interview was related to Deputy Rumor because he sawreports of the incident it on the news and read about it in the paper. He stated he did not wantto 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 fightsthere. 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 deputiesknew 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 [whowould 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 occurredbut when it was found the deputies seized it. Mr. Garcia denied seeing any deputies bringingany cigarettes or marijuana in to the jail. Mr. Garcia stated he did hear rumors of deputiesbringing 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 safebecause the Sheriffs Department permitted a controlling gang to exist in the pod. He didntfeel that the deputies individually werent doing anything, but rather the presence of the gangmade him feel intimidated enough he didnt feel he could report incidents to the deputies. Hefelt that the deputies didnt care enough.

He was not aware of any instance when a deputy asked an inmate to assault another inmateas part of discipline. The controlling gang would do this on their own. In the SterlingCorrectional Facility staff makes an effort to prevent a gang from controlling an area, howeverin the Denver City Jail 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 deputywas unaware or if the deputy was permitting the act.

Geradino GonzalesSterling Correctional Facili tyDPD/CD # 504954This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Gonzales related that he didnt have any concerns about the Denver jail. He stated thathe was there at that time of the incident. He stated that [Deputy Rumor] was disrespectful tohim.

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 seeingDeputy Rumor drinking on duty. He denied knowledge of any other deputies being intoxicatedon-duty.

He stated that deputies would tell inmates who was arriving at the jail. He asserted that someof the deputies were part of gangs. He refused to provide names of any deputies who woulddo this. Mr. Gonzales related that if an inmate was being disrespectful some of the deputieswould 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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Exhibit B




asked if D/S Rumor did it Gonzales replied, Rumor does a lot of stuff, and then affirmed thatrumor would do this to an inmate. Gonzales explained that he didnt know if Rumor enjoyeddoing it but that he would. Gonzales denied knowledge of D/S Rumor giving information toanother inmate. Gonzales stated he didnt have first hand information but that he know, Itwas 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, butstated he knew about it occurring. He refused to provide specific incidents and stated he hasnever seen it occur in Denver.

Gonzales stated that the deputies had to have known that hooch was being produced. Hestated he has seen a lot of inmates caught for making hooch but did not affirm if he has seendeputies ignore the production of it.

He stated he didnt know if D/S Rumor permitted an assault occur between inmates. Hedenied seeing D/S Rumor bringing any contraband.

He stated that D/S Gonzales with the DSD Gang Unit was disrespectful and once arrestedhim from within the jail and roughed him up.

Ciri lo Gonzalez-ZamoraSterling Correctional Facili tyDPD/CD # 719680This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Gonzalez-Zamora spoke Spanish only. He denied any concerns for the safety of inmatesor problems that occurred in the jail. He stated he felt safe in the jail and didnt have problemswith the deputies. He stated that the deputies did their jobs well. He denied paying rent toother 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 anymarijuana 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 gangsof 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 payingan inmate to assault another inmate.

Matthew MitchellSterling Correctional Facili tyDPD/CD # 692056

This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.Mr. Mitchell affirmed that he recalled staying in Pod 3A in 2011. He stated he was safebecause he sticks to himself. He denied paying rent to anyone while in jail and has neverseen it happen. He denied seeing any drugs in the jail or witnessing deputies bringing it intothe jail.

He never saw any deputy drinking or under the influence of alcohol on-duty. He deniedknowing of any deputy permitting the production of hooch. He denied ever seeing hooch inthe jail, although he has seen it in prisons.

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Exhibit B

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He did not have any concerns with how deputies interacted with inmates while in 3A. Hestated that deputies ran the jail.

Jesse MartinezSterling Correctional Facili tyDPD/CD # 155738This interview was audio recorded. Below is a summary however the full interview should be

reviewed for specific details.Mr. Martinez related that he did not know Jamal Hunter. He stated that some of the deputiesdid 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 thedeputies drinking alcohol that he knew of. He stated that some of the deputies might havebeen drunk but he didnt know.

He stated that he did not know of any specific incidents where a deputy brought in contrabandor drugs. He knew that some of the inmates smoked drugs but didnt know where they got itfrom. He speculated that some of the deputies might have been involved because someinmates 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 andthat if a deputy found it they would dispose of it.

There were a couple of instances when inmates were assaulted [socked up] but he couldonly speculate as to how the fight occurred.

Jerry ThomsonSterling Correctional Facili tyDPD/CD # 381330This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

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 couldntremember the name of the deputy. This deputy worked during the night, specifically Thomsonremembered him at dinner time. He didnt know what the deputies were actually drinking. Hethought that this deputy was the same deputy who was later transferred to 4F and who waspresent at the time of the burn incident.

Thomson related that in Pod 3A room there were a number of fights in the bathrooms. He feltthat the deputies would turn their backs on the fights but he was unable to provide a specificincident.

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 thecontraband.

Thomson felt that the inmates ran the Pod and that there were some deputies may havebeen working in cahoots with the inmates but he admitted this was speculation.

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Exhibit B




Augustus SanfordSterling Correctional Facili tyDPD/CD # 595534This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Mr. Sanford related that he felt that the jail was a problem. Another inmate named Pierceknocked 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. Thedeputies also did little when it was obvious that an inmate was smoking cigarettes ormarijuana.

Sanford related that there were numerous fights in the pod and deputies including D/S Rumorwould permit it take place.

Sanford stated that the OC and another inmate assaulted Jamal. Sanford stated he waspresent for the entire event. He stated that Hunter did yell for help and that Rumor shouldhave 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 WalkerSterling Correctional Facili tyDPD/CD # 637739This interview was audio recorded. Below is a summary however the full interview should be

reviewed for specific details.Walker stated he felt safe at the jail. He was safe because he was in his cell with multipleother gang members from his gang. Walker stated that he smoked cigarettes or marijuana inthe cell but he did not know of deputies bringing it into the jail. Walker stated that twice duringhis 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 deputieswould surf the internet with the inmates.

Walker did not know of any illegal activity other than letting the inmates fight because thedeputies didnt care when it occurred. He was pretty sure that the deputies knew about thefights.

Walker did not know of any deputy being intoxicated on duty but did talk about a deputysmoking a cigarette in the jail at night on one occasion.

Fermin VelasquezSterling Correctional Facili tyDPD/CD # 210145This interview was audio recorded. Below is a summary however the full interview should bereviewed for specific details.

Fermin related he felt safe in the jail. He did not know of any deputies being intoxicated andnever smelled an odor on any of them.

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Exhibit B




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 whenthe 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 uncommonoccurrence. When Hunter could be seen in the window to the Pod, D/S Rumor took action.

SUMMARIES OF DEPOSITIONSThe following is a summary of the statements made during depositions conducted as part of theFederal lawsuit. This summary is based on the transcripts reviewed and limited to topics of thisinvestigation.Jamal Hunter (05-29-74)Plaintif f 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 neededitems 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 onD/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 Rumorwas 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 thatPage punched him a few times. Also present were a few other inmates who did not come tohis aid or alert others. Page brought out a rope which was constructed of a long strip rippedfrom a bed sheet which is tied around Hunters ankles. While he was unconscious his handswere 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 wasdirected to take a shower and did so wearing his underwear. He was assaulted again andwhen he woke he was being escorted out of the cell by two deputies. He stated he wasunconscious 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 JusticeCenter in the four months of incarceration prior to the assault. The transfers occurred either athis 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 notprovided by the DSD.

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Exhibit B




[Note that Mr. Hunter did not make further accusations related to this investigation against theDSD or D/S Rumor than described in this summary]

Sgt Randolph RomeroDenver Sheriffs DepartmentThis 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 involvedin the assault to Hunter. (pg 141)

[No reference to the introduction of contraband or other unlawful collaboration with inmateswas referenced in this document. Nor does the document reference alcohol, contraband,marijuana or hooch.]

Captain John RomeroDenver Sheriffs DepartmentThis 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 thiscase and more on the general policies and procedures of the DSD.

Sgt Karolina SichDenver Sheriffs DepartmentThis summary is based on a transcript of the deposition of Sgt Sich conducted on 11-01-13. Referto transcript for specific details.

Sgt. Sich stated that D/S Rumor filed a hostile work environment complaint with Major Thanagainst her. She has made employee performance issue reports against him for someviolations. She could not recall them all but they included turning the lights off againststanding 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 Jamal Hunter was burned with hot water and he let this happen. He saw Rumer and OC talking before the assault to Jamal. 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 Jamal

screaming. Rumer was just sitting at the desk while the assault happened and this was forat 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 Jail and the deputies, particularly Rumer not liking

them or not treating them with respect.

Affidavit 56-2 Eric Bradford Tinsley 08/31/1980

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Exhibit B




Was hosed in the Denver Jail from October 2010 to July 2011 and was in cell 102 whenJamal Hunter was assaulted on July 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 Jamal was attacked in and he heard Jamal

screaming. He states that nothing was being done and Rumer was just sitting there notdoing anything. He stated this lasted for 15 to 20 minutes. Jamal came out of the cell wetand his pants were torn and tattered. He stated it was the gangs that attacked Jamal. Hestated that male who attacked Jamal was given material to clean up afterwards.

Affidavit 56-3 Lucio Loboi 01/01/1983

He was housed in the Denver Jail from March of 2011 to September of 2011 in 3A, cell103, which was the same cell that Jamal 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 shakendown 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 wasdrunk in the pod the day Jamal 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 Jamal a radio. During the day the lights were sometimes on, but were sometimes off when the TV was

on. On the day Jamal was assaulted the lights were off and so was the TV. Claims he was in a deep sleep because of medication when Jamal was assaulted and

woke up because Jamal was screaming. He saw Rumer going up the stairs to the topfloor and his cell was on the bottom floor. He saw Jamal getting beat and he as threatenedby the male who was beating Jamal. States they were yelling at Jamal for running hismouth. They got hot water and burned Jamal.

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 inon it and he as interviewed a couple of times. States the water was so hot it melted a soda bottle during Jamals attack.

Affidavit 56-4 Jerry Allen Thomson 09/27/1968

Was housed in Denver Jail from November of 2010 to October of 2011 and was in Pod3A, cell 101, when Jamal 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.

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Exhibit B




Claims Rumer would ignore fights and gang activity. Claims inmates would wait untilRumer was working to fight.

Reports that the lights in the cell were shut off right before the attack on Jamal and thiswas 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

Jamal 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 Jamal was talking bad about the Bloods so he

knew Jamal 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

Jamal and that it was unique because it was so out in the open and everyone knew whatwas happening. He states there were a lot of people going in and out of 103 when theassault was happening.

Claims Rumer would open doors and let them play poker games and he would let tierporters 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 Jamal was assaulted.

Rumer then did a fast round without even checking in his cell and turned a blind eye towhat was going on. He was right outside of 103 and heard everything and Rumer didntdo 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 wasscreaming 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 keephim 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 selleach page for $3. He would buy the magazines for $10 using pop tokens and he wouldget paid in pop tokens.

Claims Rumer would let him run the pod and give out violations such as 50 punches tothe chin or straight up two minutes meaning two minutes with four homies. This wouldhappen 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 unlocktheir cell when everyone else was on lockdown. Since 4 of them in his cell were trusteestheir 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 hiscomputer. They knew who were sex offenders and was trying to kite out of 3A if theyowed him money.

He knew Jamal and knew Jamal didnt belong in 3A. Jamal was afraid of him and Rumerdidnt like Jamal 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 hewould not do that again.

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Exhibit B




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 soldthis for $20 per Chap Stick cap.

He states they were making 20 gallons of hooch a week in 3A. Rumer knew this washappening and they sole the hooch. Rumer would get $20 a batch. They would makethis 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 thehooch. Rumer would ignore the hooch and the other deputies would not shake down thecell because they only shook down cells about every week.

He was present when Jamal was beat. It was at count time in 103 around 1500 hours.Bananas told him that Jamal was talking about them. He stated that Rumer confirmedthis. He told Rumer that he was going to take care of this situation and Rumer offered toturn 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 homiecame from the upper tiers and got two big cups of hot water and handed the water to him.By this time Jamal 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 tohim to clean up. He states Jamals 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 Jamals cell when Jamal was assaulted. He heard through Rumer and other inmates that Jamal had been saying this about other

inmates in court. He knew something was going to happen to Rumer because of this andthe fact the cellmates he was talking about were in a gang together.

When Jamal was assaulted he was out on free time and Jamal was on lockdown. Hecould see into Jamals cell through the window and he was being assaulted. He heard

they were going to kill Jamal. He saw Jamals cellmate kick his head into the ground andhe thought Jamal was dead. He saw Rumer do a round through Jamals cell when Jamalwas knocked out. He went back to the basketball court and heard screaming. DeputyRumer ran over, but he ran upstairs instead of downstairs where Jamal was. He stated hesaw Rumer talking to Jamals assailant before the assault.

He reports that the lights into the cell were turned off at the time of the assault. In the pastRumer would not turn off the light for them because he told them he could not see into theshower.

He states the inmates who assaulted Jamal were running the pods and the deputies wereprotecting 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 toothers 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 wouldcomplain 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 Jamal 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.

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Exhibit B




Claims the tier porters would come into their cell with a lot of sugar and oranges and therewere guys in his cell making two 5 gallon trash bags of hooch at a time. The tier porterswould tale half and leave the other half, but sometimes took everything. He claims Rumerknew about this.

He states the day the Jamal was assaulted the door to 103 was left open and the lightswere off. Lots of people were going in and out and he could hear that someone wasgetting 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 Jamal was assaulted. He states that Rumer didnt do his job andinmates could get favors from Rumer. He further states Rumer was a good source ofinformation on other inmates. He would leave doors open when inmates wanted to beatup 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 Jamal 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 Jamal was a tier porter and involved in most of the fights that wouldhappen.

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 Jamals cell were off when Jamal was attacked and he heard the

screaming. He goes on the say that if he heard the screams then Rumer would have alsoheard this.

He reports that after Jamal got burned they turned down the hot water.

Affidavit 56-11 Pierre Sudberry 11/21/1986

He was in the Denver Jail from May of 2011 to August of 2011 and was in cell 203 whenJamal 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 strongsmell 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 wouldunlock the closets and open the doors for fights.

He talks about knowing when shakedown were going to happen and Rumer would do theircell and ignore the hooch.

Rumer would provide information on other inmates.

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Exhibit B




He tells that deputies would turn the lights on and off for inmates Rumer would do thingsfor you if he liked you.

The day Jamal was assaulted Bananas came back from court and said Jamal wastalking about them. He states Jamal was knocked out 5 times and they choked him out.He saw Jamals attackers walk out, get the hot water, and take it back to the shower. Hewas standing by the window watching when they burned Jamal. He stated that Rumerwalked 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 waterwas 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 Octoberof 2011 to July 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 allowthis. The tier allowed fights because the lights were off and there were a lot of enclosedshowers in the cells and there was only one deputy for 64 inmates. He never saw anydeputy really check in the cells.

He stated a lot of inmates did not like Rumer because he was rude and would give them ahard time

He claims there was a lot of gang activity and fighting in 3A. He saw fights in the closetand 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 shakedown their cells but never did anything about this.

He claims seeing a lot if cigarettes and smelled marijuana and even smelled crack and thedeputies, 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. Hestates that many inmates complained about the water being too hot, but the deputies didntlisten.

Affidavit 56-13 Geraldino Gonzales 08/08/1982

He was in the Denver Jail from April of 2011 to July of 2011. He was in cell 201 whenJamal was assaulted.

He states the prison was more like jail and he says there was hooch and porn magazineclips 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 saysRumer was disrespectful and a lot of the other deputies were the same way.

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Exhibit B




There was water in the pod that was so hot it was not drinkable. It was hotter than acoffee pot and inmates had unlimited access to the water.

Affidavit 56-14 Augustus Lee Sanford 07/19/1977

He was in the Denver Jail for two years and was housed in 3A, Cell 201 when Jamal wasassaulted.

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 Jamal was assaulted he was in free time outside and saw something going on in

cell 103 and he went into try and stop it. Jamal was screaming and they kicked him in theribs, head and tried to choke him out. They knocked him out at least twice and werebeating him for maybe 30 minutes and tried to put a plastic bag over his head. Theattacker went and got hot water and threw it on Jamals genitals. Rumer kept walkingoutside the cell and didnt do anything. After the beating Rumer let the main attacker outso he could go to the gym. That way the other deputies could not pick up the right guy.

DISTRICT ATTORNEY REVIEWThis case was presented to Chief Deputy District Attorney Douglas Jackson. The case wasrefused for prosecution as there were statue of limitation issues; there were credibility concernswith the witnesses; and the allegations were not specific enough to file a complaint.

SUBJECT OFFICER STATEMENTSDeputy Sheriff Gaynel RumorDenver Sheriffs DepartmentThe following is a summary of relevant portions of the deposition of D/S Rumor which took placeon Aug 22, 2013 and Sept 19, 2013.

D/S Rumor denied ever hearing any allegations against him of being drunk on duty anddenied drinking alcohol or being intoxicated on duty. He also denied introducing contraband

into the jail.

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Exhibit B


INTERNAL AFFAIRS BUREAU CASE INVESTIGATION SUMMARY REPORT

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