Steamboat Springs In the July 19 incident that resulted in the arrest of former Oak Creek mayor Kathy "Cargo" Rodeman, Sgt. Erik Foster initially told dispatchers five people were physically attacking him.
Rodeman was detained for driving under the influence of alcohol and resisting arrest, and two other women were accused of obstructing a peace officer. Audio recordings of law enforcement communication and 911 calls during the incident clarify and raise questions about how the situation unfolded.
Foster arrested Rodeman, 54, after she was tased twice. Foster attempted to pull Rodeman over after she failed to signal a right turn in front of the Oak Creek Sinclair, from Lincoln Avenue onto Meyers Street, while driving home from the Colorado Bar, according to sworn affidavits.
"I need cover down here. I'm gonna be on Grant Street. I've got five people who are ... (inaudible) - they're attacking me," Foster said to Routt County Communications.
The timeline of Foster's dispatches, and how they relate to the actual events of the incident, is unclear. Dispatchers were not advised that he was attempting to pull Rodeman over.
Rodeman allegedly sped to her residence and ran inside with passengers Tashena and Shoshanna Montoya, who allegedly sandwiched Foster between the house's door and its frame to prevent him from entering. She was arrested that night on suspicion of misdemeanor charges of third-degree assault and obstructing a peace officer. In court documents, Judge Shelley Hill noted that there was probable cause for her arrest, with the handwritten addition "barely."
"My clients never saw five guys - or girls - attacking anybody," said attorney Kris Hammond, who represents Rodeman and the Montoyas.
When asked about the discrepancy, Oak Creek Police Chief Russ Caterinicchio declined to comment about any element of the incident or offer any kind of explanation.
"To make any comments at this time would compromise the investigation," Caterinicchio said.
Last week, Caterinicchio freely discussed the incident, jumping to Foster's defense and justifying his use of the Taser.
It's unclear at exactly what point during the incident Foster contacted Routt County Communications for assistance. Less than a minute elapsed between his first radio transmission, requesting other officers respond to the scene, and Rodeman dialing 911, shortly before 2 a.m. July 19.
"They came running in my house. I do not believe they have a warrant. : I have absolutely no idea why the officers are here. They came through the door; they pushed through the door," Rodeman told dispatchers, according to 911 recordings.
When Foster enters the room, Rodeman can be heard begging for help, saying "You stay right where you're at. Please don't tase us, please don't tase us. Our hands are up."
In the affidavit for warrantless detention authored by Foster on the date of the incident, he states that Rodeman refused to stand from a seated position or turn around and place her hands behind her back when he advised her she was under arrest, and "attempted to repeatedly jerk out of my grasp, placing me in substantial risk of bodily injury."
It was then that Foster took out his Taser and deployed it, after he "repeatedly advised her to turn around and place her hands behind her back," according to the sworn affidavits.
Hammond, who had not yet reviewed the affidavits and all the radio dispatches, was unable to clarify exactly when during the incident that Rodeman was tased. He did note, however, that versions of the events of July 19 "are going to diverge very early on."
"Cargo has committed the most serious crime known to man - and that's pissing off a cop," Hammond said.
Requests for further police reports and video footage of the contact have been denied by Oak Creek police.
Rodeman ultimately was arrested on suspicion of misdemeanor charges of driving under the influence, DUI per se, eluding, resisting arrest and obstructing a peace officer, and a traffic charge of failure to signal. Tashena Montoya was cited for obstructing a peace officer and for possession of drug paraphernalia.
To date, the town has received multiple verbal complaints about the incident and one very brief written complaint, police commissioner Dave Ege said Thursday. Caterinicchio is investigating the complaint and acquiring additional information, Ege said.
The women are due to make their first appearances in Routt County Court at 9 a.m. Oct. 1.