The Associated Press
LAMAR, Colo. (AP) -- At least one felony case and four misdemeanor cases will be dropped after officials discovered a police officer and a sheriff’s deputy had videotaped arrests but did not give the tapes to prosecutors as required by law, the district attorney said.
District Attorney Mike Davidson said Tuesday he would dismiss charges against five people arrested by Lamar officer Antonio Lobato and was reviewing whether charges should be dropped against three arrested by Prowers County Deputy Brad Frantz.
One of the Lobato cases was a felony charge of possession of cocaine. The others were traffic offenses or charges of driving under the influence or possession of alcohol by a minor, Davidson said.
Frantz’s three arrests were all for traffic violations.
The Colorado Bureau of Investigation looked into Labato’s actions, but Davidson said no charges would be filed.
Frantz gave Davidson the tapes of his three arrests when he read news accounts about the investigation of Lobato, Davidson said. Frantz apparently did not realize the law required the tapes to be given to prosecutors and eventually defense attorneys, the prosecutor said.
Prowers County Sheriff Jim Faull said Tuesday Frantz had put some videotapes into an evidence room but apparently did not realize the three tapes in question were also covered by the law.
Frantz declined comment.
Davidson told Police Chief John Hall that prosecutors would not take on any case involving Lobato because his conduct was “highly unprofessional” and could jeopardize cases.
Lobato had no listed phone number.
He is on paid administrative leave while police conduct an internal investigation, Lamar City Administrator Jeff Anderson said.
Lobato’s tapes came to light in the case of Lamar youth arrested on a charge of possession of alcohol by a minor. The youth’s father got a videotape of the arrest from Lobato’s estranged wife, Veronica, officials said.