Jail deputy appealing termination
Routt County Sheriff to hold hearing with former employee
Thursday, August 30, 2007
Steamboat Springs — The 23-year-old Routt County Sheriff's Office detention deputy who was fired Monday for violating the department's conduct policy is appealing the decision.
Sheriff Gary Wall said Wednesday that he would likely meet today with Mitchell Bachmann.
"He's appealed the termination, which is his right. He's entitled to do that," Wall said. "I'm going to give him his due."
Bachmann was fired Monday after an incident Aug. 12 in Fort Collins. According to Larimer County officials, Bachmann approached an 18-year-old woman at a gas station and asked her personal questions as well as directions to a nightclub. Larimer County officials also said he asked her if she wanted to get in his vehicle. The woman later reported the incident to authorities. Fort Collins has had several high-profile crimes involving police impersonators in recent months.
At the time of the incident, Bachmann was wearing a black shirt with the word "sheriff" on it. It was not a Routt County Sheriff's Office-issued shirt. Bachmann, who had been working at the Sheriff's Office less than three months, was not on duty and was not armed. He was driving a personal vehicle.
While Bachmann was cleared of any criminal charges, the Sheriff's Office conducted an internal investigation into the incident. Bachmann was fired as a result of that investigation.
Attempts to contact Bachmann through the Sheriff's Office were unsuccessful Wednesday. Bachmann, who is from Fort Collins, does not have a phone number listed in Steamboat Springs.
Undersheriff David Bustos said Wednesday that Bachmann's letter of appeal consisted of one sentence requesting a hearing with Wall.
"He had three days to appeal the decision and set up an appointment," Bustos said. "Basically he said he wanted to have the hearing."
- To reach Alexis DeLaCruz, call 871-4234
or e-mail adelacruz@steamboatpilot.com
Comments
sickofitall 5 years, 9 months ago
Whats an off duty cop pulling people over for out of his district? Little power happy if you ask me. Pilot said they tried to contact the guy.
cali0002 5 years, 9 months ago
sickofitall...he was not pulling anyone over, he was simply asking for directions. And if the Pilot concluded that this man was from Fort Collins, why couldnt have they dug a little deeper and found his number (local number or not?) I would conclude that this whole story is one sided.
cali0002 5 years, 9 months ago
I support Mr. Bachmann's appeal on his bogus termination. Isn't he innocent until proven guilty? To my knowledge this young man was never proven guilty (inconclusive evidence DOES NOT count) Not only has this female lied about what truly occurred that evening but she has also put a damper on his future endeavors. Did anyone ever consider that this female decided to report this "incident" after she was pulled over for a traffic violation? Her only option to get out of her citation was to have diarrhea of the mouth and expand her story (adding that Bachmann asked her to get into his vehicle) to get her out of the spotlight. Before anyone makes any assumptions, the whole story should be considered. Has the Pilot ever considered making an effort to get a statement from Bachmann:highly unlikely.
In all reality, Bustos was just waiting for someone to make the slightest mistake so the limelight could be taken off of him wrecking company vehicles and be placed on some innocent man. How many other cases do you hear about county employees being fired for no reason::.not very many. Granted Bachmann did make a mistake by wearing a "sheriff" shirt off duty but that does not hold ground for termination:.possibly a reprimand.
So, let the true story come out and open your mind to both sides of this story.
id04sp 5 years, 9 months ago
In all fairness, if this young woman did freak out, think he was circling the gas pumps to observe her, and believe she was being followed, maybe that was an excuse to drive too fast, or whatever.
Are we all really 100% sure that she was not being followed, in fact? Was our boy on her tail when she was pulled over, and did he just make a turn or drive on by when he saw the traffic stop in progress?
Could it be that this guy IS the one who has been impersonating a police officer in Ft. Collins? If so, what a PERFECT cover story for him! He IS a police officer.
Stranger things have happened.
Okay, since this man is from Ft. Collins and he should have been aware of the police impersonations, why was he wearing a sheriff's t-shirt? A color-of-law situation was created by his actions and he should have known better. It gets more suspicious as time goes on.
By the way, have there been any more LE impersonation incidents in Ft. Collins since this one? If not, why did they stop?
Ms_E_Bronte 5 years, 9 months ago
Perhaps we should all wait and hear BOTH sides of the story instead of speculating as to what did and what didn't happen. All we've gotten is a very one-sided version...and, didn't this jail deputy call when he saw his composite on the news? Something just doesn't add up here.
cali0002 5 years, 9 months ago
The videos from the gas station reveal that Bachmann had pulled in and parked in front of the store. When he realized the store was closed he pulled back out and decided to ask the female, who had just pulled into the station, for directions. Bachmann in fact was the one who contacted Ft Collins investigators and turned himself in so the story could be straightened out. So clearly, he was not the one impersonating.
CoJustice 5 years, 9 months ago
I may possibly have this officer secure records from the Ft. Collins department for reliable facts (a professional organization) to help clear his name. The officer should also try and secure archives of conflict that have been posted by Pilot, as reference to unsound leadership and he's intent (public meetings) to be destructive to law enforcement.
twostroketerror 5 years, 9 months ago
Kudos to the pilot for getting some details the 2nd time round. The guys' pretty clearly not impersonating an officer. Maybe a little creepy, if asking a stranger for directions is creepy, but nothing illegal here. Now find something else to be all wound up about. Maybe why all the other "world class" ski resorts have concrete skate parks and our kids are still getting splinters....
madmoores 5 years, 9 months ago
So if he is FROM Fort Collins, why is he asking directions to something IN Fort Collins? Shouldn't he know his way around his own home town? just a thought.
sportzmama 5 years, 9 months ago
Another point of view - I lived in Fort Collins - 3 blocks from where Lacy Miller was lured into what she thought was a policeman's vehicle. This happened in a quiet, fairly upscale neighborhood and Lacy was literally across the street from her house. I walked my dog at night every night right passed Lacy's house as it was deemed to be a very "safe" neighborhood. We have been taught from a very young age to respect people in uniform and that notion - at least in Fort Collins, has been rocked to the core. The incident changed our community and it will never be the same. If this deputy asked this girl to get into his vehicle, or asked her about bars in the area while in uniform, late at night - it's no wonder she was alarmed. Wendy Cohan, Lacy's mother has fought tirelessly since her passing to get laws on the books regarding police impersonators and to be honest, if this same deputy would have approached me in the same manner I would have reacted exactly the same way. Yes he did alert the authorities as soon as he discovered he was the person from the report. Dismissal?? Harsh yes, but he is in an ultimate position of trust and he - even if unknowingly - violated that trust.
Scott Wedel 5 years, 9 months ago
The guy should be given credit for coming forward and saying he was the person suspected of impersonating an officer. He could have done nothing and waited to see if they tracked him down.
The guy appears to have issues with communications skills because he obviously failed to introduce himself as a detention officer from Routt County and then proceeded to ask personal questions and invited her into his car. If he had introduced himself then the young woman would have reported it as a creepy cop from Routt County, not as a guy impersonating an officer.
And what exactly was his intent to get and wear and a black tshirt with "Sheriff" on it? That is awfully close to making himself into an uniformed officer at the time of the incident. So was he a detention deputy impersonating a sheriff or was he wearing a police uniform when off duty?
Sort of harsh to fire a guy, but it would also be tough to trust his judgment after that incident. Wearing that tshirt was bad and then creeping out an 18 year old girl makes it worse.
dundalk 5 years, 9 months ago
Wedel says: "The guy should be given credit for coming forward...".
Reminds me of people who only recognize their errors because they realize they will be caught, or are remorseful only after they've acted in an inappropriate and unprofessional manner.
Law enforcement officers need to have excellent communication skills. Those lacking in such crucial requirements are usually flagged during the hiring process.
Of course, if this guy had applied to the police department here in SS, and was denied employment, one might want to inquire as to why, and then how the Routt Co. Sheriff conducted this fellow's background, polygraph, psych, reference checks and educational merits.
Given the fact that the Sheriff seems to have set himself above the standards of being in law enforcement by his continued flippant attitude towards getting POST certified, its no wonder that new hires might not have the same set of professional standards as someone who has been hired with a flawless pre-employment record.
Matthew Stoddard 5 years, 9 months ago
Sickofitall- there is no report to indicate the woman was getting pulled over at that time. She was just getting gas for her car.
id04sp 5 years, 9 months ago
Dundalk,
The man has until next February to get certified. GIVE IT A REST.
There are a lot of sophisticated people in Routt County who understand that POST certification is not hard to get for anyone with a GED who can pass the physical. We're just not worried about Wall knowing what to do. He's been a cop before -- is he less credible because he's not some fat red-faced dropout who once met the height and weight restrictions for the 10 weeks it took to pass a POST course in junior college, and hasn't done a pull-up since?
We all know that you don't have to be very smart to be a cop. You certainly don't have to be honest or professional if we can go on the records of a few previous deputies working under Warner and Taylor.
When you harp on this POST issue, people who care enough to look up the requirements can easily see that the requirements are very low. Anyone who would be impressed by the requirements certainly never served in the military or earned a degree from a good college. It's harder to get a license to sell real estate than it is to get POST certified. The driving, shooting and physical skills required are just not that demanding, and anybody who played football or wrestled in high school and has normal vision and reflexes would have no trouble passing. In fact, the driving, shooting and physical restraint requirements would be the FUN part that made up for the classroom subjects on criminal procedure, etc.
I'll even go you one further; I think it would be harder to get a commercial driver's license than to get POST certified. Anybody who is a licensed plumber or electrician has certainly had to pass a harder test.
I think I would echo the sentiments of a lot of readers if I told you that you are like a steering wheel in my pants; you're driving me nuts!
dundalk 5 years, 9 months ago
Id:
Thank you for insulting all the decent, hard working men and women in our community who took the time, effort and determination to devote their time in defending us.
If you find that the criteria is so easy, when might we expect you to show us how easily one can become a hard working, honest officer?
Better yet, give us your real identity so that the officers can provide you with service you find so easy to belch at.
CR129 5 years, 9 months ago
I agree that they should give Mitch a chance to clear his name. From what I have heard this guy is only guilty of wearing his SO shirt off duty. The female in question has taken her statement back. But she got out of the ticket for driving without headlights and maybe kept the officer from looking at HER a little closer to see if she had been drinking? She might have been a little alarmed at a man approaching her at a closed gas station but, ruin a mans career come on! Mitch has done nothing but cooperate with authorities. I certainly hope he can clear his name so he can go on to continue his career. GOOD LUCK MITCH! I'm rooting for ya!
id04sp 5 years, 9 months ago
Oh, dear lady, I gave them the opportunity and they dropped the G###### ball over and over again. They put me AND my family in danger. Physical danger. If you can find the ones who would fess up to their incompetence, they'd probably give you my name, but I suspect they're ashamed for you to know just how negligent they were.
You're the one who forced the issue.
I have great respect for some of the local officers. Some of them know the details of my experiences with the RCSO and agree with me. I also know they are capable of much more than is required by the POST certification process. They are dedicated to doing their jobs, and I stand in awe of them. I don't mean to imply they are dumb or lazy, but simply, that getting certified is not all that f###### hard to do in the first place, so GIVE IT A REST.
By the way, I spent 12 years of my life protecting THEM when they were kids, and if you want to know what's hard, go out and get yourself qualified to fly a helicopter on instruments at night and then make a few hundred landings on small flight decks where 20 or 30 people will die if you screw up. Add to this the requirement to be fit, and to qualify with small arms, and know how to subdue a prisoner or silence a sentry, or maybe how to handle the situation if you end up in the water next to a drug boat armed only with a 9mm pistol and 16 metal-jacket problem solvers while waiting for the next helicopter to arrive and assit you.
Ms Dundalk, I have done things that would make your boys in blue $#!+ their diapers from fear and probably puke from motion sickness at the same time.
Your friends in the Conservative movement know who I am. I'll bet they won't admit it either, because they're afraid, and ashamed, and they know they broke the law. They're waiting for a knock on the door.
You want to know how I know that? Because they've stopped answering me. And because the $2,500 their party spent on the sheriff's election went to a man who dropped out of the race, and now they're worried about the member of the opposition party who won the election getting re-staffed and motivated to take on cases involving infringement of constitutional rights.
Go to your committee meeting and read over the supremacy clause and the Bill of Rights. Review the laws on immunity from civil prosecution, and pay particular note to the fact that nobody can act within their jurisdiction while committing a criminal act.
Matthew Stoddard 5 years, 9 months ago
CR129-
Where are you reading that the woman was retracting her statement and where it was noted she was getting a ticket or even avoiding getting a ticket? The story as all places I can find say that she was getting gas for her vehicle at Sandy's Convenience Store at 12:30a. It doesn't even say if the store was closed or not. Might have been closed, but I don't know their normal hours. Are they open 24hrs? Maybe she had just gotten off work. In the winter, I don't get off work until after 11pm a lot (later, sometimes) and gas my vehicle on the way home.
As far as we know, the woman did NOTHING to provoke this confrontation. Bachmann approached her for directions and, it seems, a date. Bachmann did nothing illegal, from what we can tell, and should challenge his firing. It was poor judgement on his part, though, so it's only his fault for this coming to him being fired. I'm not standing up for Wall (HELL NO!!) but it was a minor incident in a town that has a fresh case of impersonation in it's collective memory. The woman did what she thought was the right thing to do in a suspicious incident.
dundalk 5 years, 9 months ago
Id:
I have a very, very, very deep loyalty towards those who wear a uniform and defend me, my rights, and freedom of speech. If you served in the military then I applaud you, as well as the countless others who made the ultimate sacrifice for me and my country. My father was in the US Army during Korea and as I have posted elsewhere, come from generations of military service members.
You appear to have had some sort of encounter with some of the past law enforcement personnel in this county, and for the life of me you continue to bicker about the grave injustices which have given you pause in defending the other 99% of decent, hard working law enforcement officers.
You say they dropped the ball on you? Are you implying that you did not meet the specific criteria, or are you just angry because some haven't taken up your plight as you see fit?
In this day and age I simply don't see the capability of such corruption as you seem to feel has occurred. It's not to imply that corruption doesn't happen at every level, but that such a small scale of misconduct here seems unlikely to be overlooked or shoved by the wayside in favor of covering rear ends of the brass.
If you seem to think that Wall is capable of investigating your grievances, then perhaps you should meet with him and maybe he will be able to soothe your conspiracy theories.
The majority of officers that I know not only here, but elsewhere around the country work for small pay, poor conditions, family sacrifices and every day dangers. They stick it out and try to make a difference in their communities. Every single time you send out a message about how "easy" you think it is to get POST certified, you insult the good ones along the way.
I am sorry that your bile and bitterness towards your "conspirators" turns your head to a blind spot so that you are incapable of seeing the good in our brave boys.
id04sp 5 years, 9 months ago
Dundalk,
One of these days, somebody is going to get hauled out of the courthouse in handcuffs for obstruction of justice. I hope Gary Wall is doing the hauling.
POST is not that hard to complete. If it was, the whole state would be understaffed.
We are lucky to have some good, professional officers in Routt County, but that doesn't change the fact that the cert requirements are not very tough for anyone who has some very basic skills and a decent level of physical fitness.
POST is a minimum. Okay, so lots of guys far surpass the minimum. That's great, and I respect them for it. Just don't make it sound like law school, medical school, flight school or even truck driving school. It's a very basic course that lots of people can pass with little difficulty.
sickofitall 5 years, 9 months ago
cali0002 says :Did anyone ever consider that this female decided to report this "incident" after she was pulled over for a traffic violation? So I stand corrected???lol
whyquestion 5 years, 9 months ago
ID: if it's so easy to pass WHY hasn't WALL of SHAME done IT???? all citizens concerned about the sheriff are conservatives, boy are you in for a surprise!!!!!! he hasn't produced his policies for the commissioners yet. hope the county doesn;t get sued over this? what policy was followed in hiring this person by wall?????
id04sp 5 years, 9 months ago
Why?
This sure sounds like a floundering attempt to rebut a salient point by shouting, "OH Yeah?"
Being currently unable to read Gary Wall's mind, and not being privy to his plans, maybe he has something more important to do than get a check in the box for POST. As long as he completes it in the required time, no harm, no foul.
I have a commercial pilot license with instrument and type ratings. I am not "current" on my ratings or my medical certificate. In order to fly legally and carry passengers for hire, there are things I'd have to do to be "qualified." Current qualification is not required in order for me to ride in an aircraft, purchase an aircraft, hire a pilot to fly an aircraft, engage a mechanic to work on an aircraft, and hundreds of other issues related to operation and maintenance of aircraft. My experience is sufficient for all those other things.
Wall has the required experience and the voters picked him. As far as I'm concerned, my only requirement is for him to follow and enforce the written laws of the land. Where has he failed to do that?
Oh, and don't talk to me about his conflicts with the County commissioners. They're not POST certified either, are they? By your criteria, that makes them unqualified to judge anything to do with law enforcement operations. If any of them wanted to be sheriff, they could have run for the office and gone to POST school too.
CoJustice 5 years, 9 months ago
Id: You have posted your resume enough times that were aware that you're the biggest bully on the block, you are smarter than everyone else and have been wronged, so everyone is going to pay.
Based on your comments "One of these days, somebody is going to get hauled out of the courthouse in handcuffs for obstruction of justice. I hope Gary Wall is doing the hauling". . . . . . I am mainly fascinated in the facts of what Gary has promised you that he will accomplish for you? . . . Sounds like you have been collaborating some kind of vengeance grievances with Gary. . . . . Has Gary given you some kind of indication he is going to carry out some kind of retribution? . . . Also, do you think Gary has jurisdiction over the courts, and has some kind of right to use?
id04sp 5 years, 9 months ago
CoJustice,
I don't know Gary Wall. Never spoke to him. However, he's going to get the chance to enforce the law.
I'd draw you a picture, but won't waste my time. Applicable statutes and rules of the court are pasted below.
18-8-610. Tampering with physical evidence. Statute text (1) A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(2) "Physical evidence", as used in this section, includes any article, object, document, record, or other thing of physical substance.
(3) Tampering with physical evidence is a class 6 felony.
18-8-114. Abuse of public records. Statute text (1) A person commits a class 1 misdemeanor if:
(a) The person knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs the availability of any public record; or
(c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person's possession upon proper request of any person lawfully entitled to receive such record; or
(d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.
(2) As used in this section, the term "public record" includes all official books, papers, or records created, received, or used by or in any governmental office or agency.
Rule 5. Service and Filing of Pleadings and Other Papers Rule text
(e) Filing with Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. A paper filed by E-Filing in compliance with C.R.C.P. 121 Section 1-26 constitutes a written paper for the purpose of this Rule. The clerk shall not refuse to accept any paper presented for filing solely because it is not presented in proper form as required by these rules or any local rules or practices.
Matthew Stoddard 5 years, 9 months ago
Actually, Gary Wall can't take anyone away in handcuffs. I think he needs to be POST certified to go on a call like that.
CoJustice 5 years, 9 months ago
Id. :.So:..Gary is going to sue himself, Hum:.Conduct his own investigation regarding claims against one of his officer for negligence, state fault, punish himself and hopefully award you damages on the Counties money? This would be absolutely perfect. Good Luck.
CoJustice 5 years, 9 months ago
I am going to be in suspense waiting for this to happen. If truth be told, you have given me something to look forward to.
My message to the officers, as I have stated in the past. Get a legal defense plan, and join the union.
id04sp 5 years, 9 months ago
The offender is not a law enforcement officer. This was done by multiple employees of the state court system.
And Kielbasa, yeah, I'm waiting for him to be POST certified so that he CAN do it. It will keep long enough to wait for that to happen.
I'd prefer that the people involved just fix it and see that justice is done, but they knew they were safe up until their political party failed to win the election in the sheriff's race. Whether they will gamble on Wall's willingness to investigate a felony is up to them.
CoJustice 5 years, 9 months ago
Details:.details:..Your conviction and confidence about Wall's potential action is coming from somewhere. Lets just move forward. Yikes, I can't wait.
id04sp 5 years, 9 months ago
CoJustice,
My preference is that the people who committed the obstructions of justice would straighten the matter out, send out a letter from the Court showing the lawful disposition of the case which was affected, and let it go. That's all I want from them.
I won't give you details. Maybe nothing will ever happen. However, the fact is that Gary Wall would be the person placed in the middle of enforcing an unlawfully obtained judgment if it ever came to that, and whether he would also participate in a act that amounts to theft under color of official right is problematic (there's also a CRS statute that covers this type of theft, but you can look it up). Would he arrest the people who participated in the obstruction, or would he seize and sell property that was unlawfully obtained under color of official right, and become an accessory to the crime. That's why this is going to be interesting, one way or the other.
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