Body Camera Footage from Officer Involved Shooting of Duane Manzanares

Jesse filed this request with the Denver Police Department of Denver, CO.
Submitted June 16, 2021
Status
Rejected

Communications

From: Jesse

Subject: Colorado Open Records Act Request: Body Camera Footage from Officer Involved Shooting of Duane Manzanares

Email

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

The recordings from the body-worn cameras of the three officers who discharged their service weapons during an interaction with Duane Manzanares on June 13th, 2021 near the corner of East Colfax Avenue and Yosemite Street.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Jesse

From: Denver Police Department

Subject: RE: [EXTERNAL] Colorado Open Records Act Request: Body Camera Footage from Officer Involved Shooting of Duane Manzanares

Email

Good Afternoon,
Please accept this response on behalf of the Denver Police Department to your email from February 28, 2020. Records of the Denver Police Department (DPD) are criminal justice records, the disclosure of which is governed by the Colorado Criminal Justice Records Act (CCJRA), sections 24-72-301, et. seq. C.R.S. Except for records of "official actions," the disclosure of criminal justice records is discretionary and can be denied where the custodian believes disclosure would be contrary to the public interest. Section 24-72-305(5), C.R.S.

Pursuant to Harris v. Denver Post, 123 P.3d 116 (Colo. 2005), the following factors are used to determine whether a record should be released or withheld:

1. the privacy interests of individuals, if any, who may be impacted by a decision to allow disclosure of the record;
2. the agency's interest in keeping confidential information confidential;
3. the agency's interest in the integrity of on-going investigations;
4. the public purpose to be served in allowing disclosure of the record; and
5. any other pertinent considerations relevant to the circumstances of the particular records
request, including whether disclosure would be contrary to the public interest.

You requested information related to the incident that occurred on January 25, 2020.

The records you sought are not records of official action and therefore their disclosure is discretionary, subject to a balancing of the factors above. The BWC videos that you have requested are a part of an open homicide investigation. This Department and the public share an interest in maintaining the integrity of that investigation. After the homicide investigation concludes, the Denver County District Attorney will also be completing a review of the case. After the Denver County District Attorney publishes their decision letter, a review will be completed by the Denver Police Department Use of Force Board. Again, both the Department and the public share an interest in a thorough and comprehensive review of the incident. Those interests outweigh any public purpose to be served by the release of the responsive records at this time. Your request for the records is respectfully denied because we believe it would be contrary to the public interest to provide records and evidence from an ongoing investigation and review by the Denver County District Attorney and the Denver Police Department Use of Force Board. Section 24-72-305(5), C.R.S.

Thank you,
Andrea Webber | Records Administrator
Department of Public Safety| City and County of Denver
Pronouns<https://www.mypronouns.org/what-and-why> | She/Her/Hers
p: 720.913.6749 c: 720.793.5700 | Andrea.Webber@denvergov.org<mailto:Andrea.Webber@denvergov.org>
[cid:image001.jpg@01D76378.867440B0]

This e-mail and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 720-913-6749 and permanently delete the original and destroy any copies or printouts. Thank you.

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