Public Complaint No. 1742943245 - 1999176085

James Martinez

Archuleta County Sheriff's Office

85 Harman Park Drive

Pagosa Springs, Colorado 81147

(970) 264-8430

https://www.archule…

Date of Offense

November 20, 2017

Complaint

Use of Force

Statement

Two or more Archuleta County Sheriff's Office officers made contact with me on my property at about 5:00 PM on November 20, 2017. I was seated outside with my cat, enjoying a fire. The officers conducted an illegal search on me and my property and gave no valid reason to be on my property. I stayed seated until the officers started surrounding me with hands on weapons. I DEMANDED that they leave my private property several times. Finally, after illegally searching and harassing me, they left. Later, approximately 7:00 PM, at least 5 sheriff's personnel arrived on my property and shined their high beams and search lights directly into my eyes to blind me. They screamed at me incoherently. I had my arms in the air when an officer pepper-sprayed me at close range (3 feet). The chemical blinded me almost immediately. At that point sheriff's personnel physically assaulted me again. Deputies body-slammed me, cracking my 5th right rib-I heard the sound of it snapping. The sheriff personnel wrote (see discovery) that Brandon Lee Bishop took me down MMA style. Mr. Martinez aided Mr. Bishop (now at Pagosa Springs Police Department) in the assault on me. I was handcuffed behind my back and as I lay facedown on the ground James Martinez kicked and punched me. At that time I was 55 years old, and I have a disability. Mr. Martinez (see federal civil rights lawsuit 42USC1983) slammed my face into the driveway causing my teeth to puncture my lower lip. Mr. Martinez caused contusions on my chin, lips, neck, head and all lower body areas. He attempted to suffocate me by winding my head up in my winter clothing. Mr. Martinez told the EMT to jab me with a high dose of ketamine. I spent at least 5 hours in Pagosa Springs Medical Center, requiring sutures. Mr. Martinez was boasting and ridiculed me while I bled on the driveway. He bragged at how he "fucked him up". Defendant Martinez is still on the streets committing crimes while simultaneously being sued for deprivation of rights, among other charges. He truly is a danger to our community.

Location

Pagosa Springs, CO 81147, USA

37.26945, -107.0097617

Colorado Public (Open) Records Act

C.R.S. 24-72-201 et seq.

Until the Colorado Public (Open) Records Act was formalized in 1969, the ability of a citizen to gain access to public records was at the discretion of the custodian of the records. Public records include all writings that are made, maintained, kept or held by entities that are subject to the Colorado Public (Open) Records Act for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. Keep in mind, this could mean that a record that is in the custody of an agency subject to the Colorado Public (Open) Records Act would not itself, be subject to the Colorado Public (Open) Records Act if it was not made, maintained or kept for a governmental function or for an official reason.

There are several clear exemptions in the Colorado Public (Open) Records Act. The first statute exempts correspondence that is work product and all correspondence with constituents that clearly implies by its nature or content that the constituent expects that it is confidential.

Any person can request records and they are not required to state a purpose nor is the custodian of the records allowed to ask said person to provide a reason. Criminal justice record cannot be used for solicitation of business for monetary gain, but that is the only restriction on obtaining public records. Colorado Law stipulates a three day deadline for a response.