ShotSpotter and gun crime data

To Whom It May Concern:

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

1) A copy of the department's ShotSpotter database containing every alert that has been generated by the department's ShotSpotter Flex system since January 1, 2016. The list/database should include the date, time, location (address or latitude+longitude coordinates), single or multiple shot distinction, semi-automatic or high-capacity distinction, number of shooters, notes added by the ShotSpotter or dispatch reviewer (where applicable), and unique alert ID. If the department tracks whether the alert was confirmed as a definite or likely gunshot, please also include that data. Please note: The requested data is all readily available and exportable from the ShotSpotter Flex system, as demonstrated by the attached documents.

2) Data from the department's CAD system (or comparable system) detailing every report of shots fired since January 1, 2016. Where possible, this data should include: date, time, location (address or latitude+longitude coordinates), distinction as to how the report was made (e.g., via ShotSpotter, a call to 911, or otherwise), whether the gunfire was confirmed, and any other pertinent information.

I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employ involved and an explanation justifying the employee hours required to fulfill the request.

Should you choose to reject this request or redact portions of it, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portion from public review.

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,

Todd Feathers

Hello Andrea,

A private company or vendor cannot be the custodian of government records under the Colorado Open Records Act. ShotSpotter alerts collected for use by the Denver Police Department are government records and the Denver Police Department is the custodian of those records.

The law defines an official custodian as "any officer or employee of the state, of any agency, institution, or political subdivision of the state ... who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control."

I've requested ShotSpotter alert data from dozens of other police departments, all of which have been able to provide it. The data is easily downloaded and extracted from the ShotSpotter system.

Please acknowledge receipt and confirm that the department will fulfill the first aspect of my request.

Todd Feathers