INITIAL COMPLAINT LETTER DESCRIBING THE
THREE COLORADO STATE TROOPERS
Recipient of Letter:
Colonel Lonnie J. Westphal
Chief of the Colorado State Patrol
Date of Letter: December, 1995.
Contents of Letter: Description of Police Harassment Incident
Dear Colonel Lonnie J. Westphal:
The following incident is a description of a potentially
racial/ethnic incident of which I was a victim.
On December 7, 1995 at around 5:50 PM, I was stopped by
the Colorado State Patrol and the Denver Police on
suspicion of drunk driving according to the Colorado
State Patrol officers.
There were three officers from the Colorado State Patrol
that were involved in my stoppage: Officer
Officer [ Timothy ] McClinchy, and
another officer whose
name I do not know and was not given to me whom shall
henceforth be referred to as Officer X. [ Note: I later
found out in the
response letter sent to me that
Officer X was Colorado State Trooper
Gerald Lincoln. ] According to
Officers Randy Rahne and
[ Timothy ] McClinchy, they
determined that I was drunk because they saw me accelerating
and decelerating. This, quite honestly, is a very weak
argument in determining that I was driving under the
influence of alcohol and is utterly ridiculous. I
normally... [ move up ] when I see there is enough space
in front of me and... [ back off ] when I notice that
there is not. That is the way I have always driven since
1981 in Florida and New Jersey, and I have never
been stopped for driving that way in all my driving years
of experience. I have an excellent driving record....
I was told to perform various roadside tests, which
I was never informed by any of the officers that they
were voluntary. It got to the point where the tests
were so numerous that I told Officer
Randy Rahne that "I must respectfully state
that this is now turning into harassment." I stated this on
more than one occasion and was told by Officer
[ Timothy ] McClinchy to
just "shut up and cooperate", which is not a very nice thing
to say to someone and borders on disrespect
and abusiveness. I felt throughout the entire ordeal that I
really could not say anything to the officers but
cooperate fully and always let them have the last word.
It is almost as if they felt the need to always have
the last word and not let me have any say in this matter.
Throughout this utterly ridiculous ordeal, I encountered the
mentioned that I looked as if I've
never lived in this country before. This is an
entirely inappropriate, unprofessional, and irrational
statement to make considering that I do not speak
English with any foreign accent since I was born and raised in
this country. Perhaps he was trying to
- let me know that I am an outsider in this country due to
my physical appearance, which I have been
told by many friends and acquaintances looks Hispanic and/or
- give me some type of hint that since I
look as if I've never lived in this country, I really do not
know how police work is done in this country
and should therefore blindly do whatever a police officer
tells me to do just because he/she says to do it.
After going through the battery of roadside tests and finally getting a 0.000 on the breathalizer test I
was asked not once, but three times, by Officer...
[ Gerald Lincoln ] whether I had
smoked marijuana. I suspect that he asked me the question
three times, of which I responded "no" on every
occasion, to somehow irritate
me to the point where I would either say something extremely
disrespectful to the officers or perhaps
take a swing at him. This obviously I did not do since it
would be utterly suicidal of me to do such a thing.
After performing all these roadside tests and determining
that I was not drunk, the officers were not
satisfied with just letting me go without giving me a citation.
They had to somehow justify there
stoppage of me in the highway and so they issued me a citation
of "careless driving" on the flimsy
grounds that I was accelerating and decelerating. This "careless driving" charge I intend to fight in
court with my attorney... [ Donald Wasko ]. This will
undoubtedly cause me the added inconvenience of
time and money - time and money from my work and the money to
pay an attorney to effectively defend me in court.
In the final stages of the ordeal, I was finally told to
sit in my car. I must have waited in my car for
what amounted to almost an eternity, about 15 minutes, while
Officer [ Timothy ] McClinchy
did some type of
background check of me from his squad car.
He finally came
to my car and told me that "you
understand that this was voluntary". I NEVER got the
impression that all these roadside tests were
voluntary and do not EVER recall being explicitly told by ANY
of the officers that they were voluntary.
At least one of the officers (this also might include the
Denver police officer) must have gone into my
car without my permission because Officer
[ Timothy ] McClinchy in the final moments of my
ordeal gave me back
my license, car ownership, and insurance identification papers.
The only thing of the above mentioned
items that I gave was my drivers license to the Denver police
officer who was the first officer that I met
in this ordeal. That means that at least one of the officers
must have gone into my car to get my car
ownership and insurance identification papers WITHOUT MY
In conclusion, the stoppage of my car in the highway was
totally inappropriate and the arguments
expounded by the officers for stopping me are totally bogus.
I honestly believe that the stopping of my car
and the words and actions of the officers mentioned above
border on harassment.
I therefore am righting this letter as a complaint against the
Colorado State police officers mentioned
above and intend to pursue this matter to the fullest extent
of the law up to and including suing the
Colorado State Police.
I demand a written apology from the officers mentioned above!
I also demand that someone tell me if
there are more formal procedures (such as forms) that I should
follow to pursue this matter further!
P.S. A copy of the citation given to me is included for your
You might be asking what type of response did I get from the
Colorado State Patrol on the written letter I sent to Colonel
Lonnie J. Westphal.
- Did I get an apology? No.
- Did I get any concern that I was treated in an
unprofessional, abusive, and disrespectful manner? No.
What I got from them was instead a letter from a Captain Bob
Parish of the Colorado State Patrol basically absolving the
officers of any wrongdoing and stating that they behaved
entirely appropriate. If you like, you could
click here for the response given to me
by the Colorado State Patrol as well as my rebuttal to some
of there comments.
You could also get a good picture of what happened to me on
the night of December 5, 1995 involving the three Colorado
State Troopers -
Gerald Lincoln, and
Timothy McClinchy by going to
the below mentioned links:
- Intent to Sue written by attorney
Daniel Recht, which cost me $250.00 for two pages worth of
work. I had to use an attorney
to do this because our legal system is so full of procedural
rules that in order to get this done right, it was necessary
to have an attorney do it for me. This
Intent to Sue was filed at around March, 1996 to all the
potential parties that may be sued. It must be filed within
6 months after the incident for which you are filing a
- Verified Complaint and Jury Demand
filed by attorney Larry D. Sather. This is a document you send
to the court that is the actual Civil Rights lawsuit. It must
be filed within one year after the incident. I definitely had
to use an attorney at this stage of the game. If this would
have gone to trial, which it did not due to me firing Larry D.
Sather for cheating another client and finding him to be
untrustworthy, it would have cost me
$20,000. This is an extremely high price to pay for asserting
one's Civil Rights. That's another criticism I have of our
legal system; it may be the best in the world, but it is also
the most expensive. I tried to ask the American Civil
Liberties Union to take my case, but they were not interested.
What really irks me is that a piece of garbage like Rodney
King, who has a felony arrest record a mile long, gets the
legal minds to assert his Civil Rights, but I, a person with a
zero arrest record and a law-abiding citizen, can't get any of
Civil Rights organizations to help assert my Civil Rights!! I
have to pay out of my own pocket to hire a Civil Rights
attorney to assert my Civil Rights!!!
- Response from State of Colorado to
my Verified Complaint and Jury Demand, which basically
states that the officers behaved appropriately. This page
also has my comments and rebuttals to the
State of Colorado's
response as well as the affidavits of Colorado State Troopers
Gerald Lincoln and
Randy Rahne; the
affidavits also have my comments and rebuttals to their statements,
most of which are complete lies and some which are totally
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