Bike-riding Westword contributor gets into confrontation with cop after car nearly hits him

Categories: News

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Police brutality is big news these days -- but until this week, I'd never experienced any problems with law enforcement. The events at 16th and Champa streets on Monday night, however, have changed my whole perspective on abuse of power.

That night, I was riding my bike and turned off 17th street onto Champa, heading toward the mall. Traffic must have been heavy, because there was a reflective-vested officer standing in the "cushion" of road between the bike lane and the traffic lane. As I neared the officer, a car pulled out of a parking garage to my immediate right and nearly hit me. The police officer saw nothing wrong with this. But I did, and questioned his decision to bring the car out without bothering to notice the bike-rider. Had I been in a car, it would surely have been hit.

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On the defense immediately, the officer blamed me for not taking notice of his traffic direction. He told me to step to the side, and as I continued to ask why he'd decided I was at fault, Sergeant Walter Greene asked for my license.

As far as I could see, I was not being detained and had not broken any law whatsoever, so I turned and started to pedal away with my bike. I'd made it three feet onto the sidewalk when I heard a very audible "HEY" and felt the strong arm of the law come crashing down on me. In a blink, I was drop-shouldered into the large plate-glass window lining the Chili's on the corner, and looking up at a very displeased policeman.

Across the street someone was backpack-reporting the incident with a camera-phone in hand. (He was a lawyer, it turned out.) Inspired, I pulled out my phone -- my trusty, cracked-screen iPhone4 -- and began recording everything the officer said.


At :09, you will hear the radio dispatcher say, "An officer pushed over a bicyclist."

At :14 seconds, the officer looks at the surrounding crowd of people and says, "You guys are stupid! Jesus! You think I don't have it on the radio right here?"

At :22, I muster up all the knowledge I have from every police show I have ever watched and manage to get out: "That's what happens when you abuse a civilian. I have done nothing wrong."

The second clip starts as I continue to ask what law I'd broken and how I could get a ticket when A) I almost got hit by a car because a police officer didn't see me riding in the legal bike lane, and B) I got shoved off my bike for leaving when I was not notified that I was being detained.


:04 is me using more of that Law & Order talk I've learned over the years. Notice the use of "care" and "law." Proper.

:23 is me stating that the officer did not see me coming. That's why I almost got hit, starting everything else.

At :25, the officer clearly states that he did not see me coming. Thank you.

Still, I wound up getting a ticket. The infraction? "Bicycles to obey traffic laws." But I didn't break a traffic law through any of this -- even when I rode three feet onto the sidewalk, since I was not traveling at a speed of six miles per hour or faster.

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The remainder of my evening was spent at the Denver Police Department's Internal Affairs Bureau, filing a formal complaint against the officer. The whole interview was recorded and I was asked to draw a picture of the situation. Photos were taken of my battle wounds, which were borderline carpet burns and about as painful as a sneeze.

Could this situation have been avoided? Sure. But it's not illegal to question authority -- even though I now appear to owe Denver $50 for exercising my right to free speech.

As he looked through his cheat sheet of charges, the officer warned me that if I didn't keep my mouth shut, I would get a much worse ticket for disobeying an officer. He also said that had I just apologized, I would not have gotten the ticket at all.

That's nice.

More from our News archives: "Vicki Ferrari second Denver cop/American Gladiator contestant sued for excessive force."

This week's cover story also has to do with police interaction: "Alex Landau was pulled over for making an illegal left turn and ended up beaten bloody."


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36 comments
cnap
cnap

Yep, sounds like the DPD to me...

Oxfordlm
Oxfordlm

Oh my, I got a ticket when frantically searching for my son at a University, I pulled over stopped my car, asked the officer to please help me it was so late in the evening, I couldn't find the swimming pool where my young son was waiting for me. Alas, the officer was rude, gave me a seatbelt ticket and sent me on my way, got to the pool way late, my poor child outside at night waiting on me. Sigh....no officer friendly any more. :( It did teach me to NEVER ask an officer for help, EVER!

DenverPedestrian
DenverPedestrian

Colorado has a stop and identify statute:http://www.michie.com/colorado...

So, if the cop "reasonably suspects" you might be about to commit a crime (wasting his time? dunno if that's technically a crime...) he or she can demand you produce ID without putting you under arrest. So, I suspect that the legal-eagle knowledge gained from Law and Order isn't going to help much here. Also, the report says this was "at night". Was the author using a headlight for visibility? If I had a dollar for every Denver bike rider that has whizzed past me on the sidewalk at much more than 6 mph with no warning, or that has ridden in front of my car at night with no lights whatsoever, I'd not be rich, but it would be a nice amount of money...

Michael Roberts
Michael Roberts

DenverPedestrian, thanks for posting the link. Very interesting.

AL
AL

I'm sorry to read about this happening; I can imagine how frustrating it must have been in the moment. What seems to be most frustrating to me though is how uninformed so many of us, including the police, seem to be about everyone's rights to using the road. Whether you drive a car, ride a bike or walk to get around Denver, we all have a right to move about safely and securely, without risk of harassment. I'm a cyclist and a pedestrian mainly, but was once primarily a motorist. My rights and needs aren't any less important or valid than any other tax-paying citizen of this city simply because of the method of travel I choose to employ to get around. Cyclist, motorist, pedestrian, whatever. We're all just people when it comes down to it.

Thereturnofdrunkenmaster
Thereturnofdrunkenmaster

The city and county of Denver could stop brutality complaints dead in their tracks with one minor change: test all DPD officers for steroid use on a regular, ongoing basis.

Most of these skinhead thugs are so juiced up they can't wait to pound innocent civilians bloody. Test 'em, fire 'em and clean up our streets!!

Gina
Gina

so ridiculous. cops on power trips never cease to make a good story. traffic directing fail.

Dave80211
Dave80211

I am not a police officer and I know Walt Greene. He is a very fair gentleman and does not use his police badge to offend other people. I am wondering how fast you were going and are you just arguing to get out of a ticket.

SxPxDxCx
SxPxDxCx

On the topic of stop signs. If there is a painted cross walks at the stop sign they are generally accompanied buy a large solid white line. That is the stop line. Meaning you need to stop your car at or behind the stop line. Not in the crosswalk which is what is see lots and lots of drivers do. If there is no designated crosswalk then you need to stop behind the stop sign. This goes for bikes and cars.

When every driver, in every car, stops for every stop sign then you can bitch about people on bikes not following the rules. Until that day dawns that everyone follows all of the traffic rules on the books how about we all just look out for each other. People acting like assholes aren't just limited to just people on bikes.

Michael Roberts
Michael Roberts

SxPxDxCx, good point about all of us looking out for each other. We're going to make your post an upcoming Comment of the Day. Congrats, and thanks for reading and sharing your thoughts.

Peacemakerdemo
Peacemakerdemo

your a bicyclist, you all deserve a beatdown not a ticket. ive yet to see any that dont think they own the road and dont have to follow the "rules of the road" such as stop signs and lights.pick up your cry baby butt, and get over it. dont get me wrong, i hate cops, but get a harley and then see how they treat ya and then come crying back .

Thereturnofdrunkenmaster
Thereturnofdrunkenmaster

Of course, it really helps your case if you understand simple rules of language and grammar, such as the difference between a pronoun and a contraction or even how to formulate a complete sentence.

Your entry reads as if it has been typed by an angry macaque. Please, for the sake of public discourse and the gene pool, leave the job at Pizza Hut and go back to college.

SxPxDxCx
SxPxDxCx

If you have the option to go to court for this bullshit ticket do it. Odds are the cop won't show up and they will drop it.

Tom
Tom

Looks like some people are here just to argue for the sake of argument. Bpsychle and RockyPaul both cite City and County of Denver code and if the two of you look closely at the sections you have posted, they are not in disagreement...one is Speed, one is Riding on Sidewalks - both state that riding on sidewalks is, in general, illegal with a handful of exceptions of which the author was apparently not doing any of the exceptions.

Does there need to be a definition of "riding"? To me this is obvious, the bike can be parked, can be being walked or it is being ridden. When riding, now you have the next step as to where you are riding and the speed you are riding to consider.

From the article, we see only one side of the total story and there is not enough information to say who is right or wrong. The police should not act uncivil until such time as it is warranted, but likewise, the rest of the population has to be civil and comply with regulations also.

I have been both a pedestrian and the driver of a vehicle and have been nearly run over or run into by bike riders who are inconsiderate and are not complying with the rules of the road. This may not be the case here - cannot tell - but what we all need to do is look at our actions, take responsibility and work within the framework of what we have for regulations that are intended to benefit society as a whole and not one individual or group over another.

Genya
Genya

You're always fighting something. And I absolutely love it.

BOB
BOB

HOW ABOUT THOSE BRONCOS!

BOB
BOB

Bob, please stay on topic!

Druid0621
Druid0621

I had a bicyclist almost hit me while I was walking a number of years ago - he didn't give a damn and kept on peddling. A couple of blocks down the road, I saw him lying on the ground after being hit by a cab. I leaned over him and clapped. hahahahahahahha

RockyPaul
RockyPaul

Druid.....I don't really think that behavior is appropriate. I've had cyclists run stop signs and red lights in front of me, block traffic unnecessarily, I had one throw a slushy at my windshield for no reason and I even had one spit into my car onto my girlfriend for leaning on my horn while he was blocking traffic illegally. All that said, Cyclists have a legal right to ride our roads. Does it suck when they break the rules because they feel entitled? Sure. But that doesn't justify celebrating in the physical harm of others.

Druid0621
Druid0621

Bike riders are a pimple on the posterior of civilization. They think they own the roads, because they are exercising and gaining access to the right hand of God. They do not realize that they are subject to the same rules as cars - and cars are bigger.

Robert
Robert

I think that Denver needs to train its police officers; rather, it needs to fire the incompetents now misdirecting the police and Sheriff's departments, and re-train its officers. I keep meeting polite officers who seem to be doing their jobs, but the large number of incidents of inappropriate and even criminal conduct being reported make me fear that it's just a matter of time until I encounter one of Denver's bad cops.

Druid0621
Druid0621

Bike riders need to take a class, just like drivers.

Cyclist
Cyclist

Definitely not a good situation. Did you give the cop your license, or just start pedalling away? Unfortunately the cop always has the upper hand, and it's best to comply and speak rationally before "questioning authority". In my experience, cooperating with cops usually ends up better for me.

F.T.P.
F.T.P.

Still, I wound up getting a ticket. The infraction? "Bicycles to obey traffic laws." But I didn't break a traffic law through any of this -- even when I rode three feet onto the sidewalk, since I was not traveling at a speed of six miles per hour or faster.

maybe you should read the article before commenting

Harvey
Harvey

Hey Rockypaul, pulling 3 feet onto the sidewalk while going less than 6 mph is not "riding." If it is, skateboarders, wheelchairs, rollerbladers and razor scooter riders will all be cited.

The officer admitted he didn't see the cyclist and therefore, logically, the officer could not "direct" the traffic of the cyclist. In other words, he didn't signal for the cyclist to stop. In addition, the officer was not likely "on duty" but rather is hired by the parking garage to stop traffic for the parking company.

It's bullshit. Fight it all the way, and make the officer show up at court to testify. Use your tape recording.

RockyPaul
RockyPaul

So....this is interesting to me. When I was reviewing the laws for riding a bicycle in Denver there is NO definition of what it means to ride a bike. Now....I'm not a lawyer, but I feel like this could go one of two ways. 1) The law could be implying that going faster than 6 mph constitutes riding. 2) It could be that whoever saw the cyclist is the one to determine whether or not they were riding. Through my own "legal adventures" I learned that anyone can testify to whether or not someone was speeding or whether or not they were drunk. I'm not saying the cop is squeaky clean, but I wouldn't bet on this being a long drawn out legal battle. I doubt a judge would wanna spend a lot of time fretting over a $50 fine.

RockyPaul
RockyPaul

Also.....riding on a sidewalk in the city of Denver is illegal.

Bpsychle
Bpsychle

Sec. 54-573. Speed.

(a) It shall be unlawful for any person to operate a bicycle or electrical assisted bicycle on a roadway or bicycle path at a speed greater than is reasonable and prudent under the conditions then existing or in excess of the posted speed limit.

(b) It shall be unlawful for any person to operate a bicycle or electrical assisted bicycle on a sidewalk, which is not part of a designated bicycle route, at a speed in excess of six (6) miles per hour.

RockyPaul
RockyPaul

Check it out! I can look up the law too!!!

"Sec. 54-576. Riding on sidewalks.(a) Riding bicycles or electrical assisted bicycles upon or along sidewalks, whether on public property or private property opened for use by the general public, shall be unlawful except: (1) When the operator or rider thereof is a uniformed city employee or uniformed state employee or uniformed federal employee, which are working as part of their official duties and are riding a bicycle or electrical assisted bicycle or a police officer riding a bicycle or electrical assisted bicycle that is a marked or unmarked official police bicycle or electrical assisted bicycle or while engaged in the discharge of his or her official duties; or (2) When the operator or rider of a bicycle thereof is engaged in the delivery of newspapers; (3) Where the sidewalk is part of a designated bicycle route; or (4) When the operator or rider thereof is preparing to dismount and park the bicycle or electrical assisted bicycle at a location on the block on which the bicycle or electrical assisted bicycle is being operated, or the operator has just mounted and has not yet crossed a street or alley."

Bpsychle
Bpsychle

I bet we found it on the same page. Google? or Bing? I am a fan of Google more so than Bing, simply because the name is better. Obviously, you are too. I Googled your name, but nothing interesting came up. Then I Googled Bpsychle, and this article comes up. Looks like the internet thinks I am more relevant than you, but I'll let you Bing and decide.

RockyPaul
RockyPaul

It is totally legal to mouth off to a cop. That doesn't mean it's a good idea. I'd call it a $50 life lesson. Sorry.

Anonymous
Anonymous

Fortunately, Not everyone in this country is a spineless lump of jello like yourself. The rest of use will continue protecting ours and your rights by standing up for them. Hopefully you don't end up dead due to a police induced "life lesson" like many others have:

http://www.injusticeeverywhere...

F.T.P.
F.T.P.

I'd say it was a great idea. Because not only will this pig will think twice about abusing his power, but, he now realizes who actually has the power in this situation. that pig sure as hell doesn't have the power now. but you are such a pussy you would rather shit on your rights. i feel sorry for you!

RockyPaul
RockyPaul

So....I used to be real angry at cops for no reason too. Then, through one of my jobs I got to know a few of them. Are there jerk cops who do mean things to people because they have power? Sure. I think most cops would admit this too. Most of the cops I got to know were just regular people trying to make it through the day and get home to their families like anyone else. On top of that, some cops really got to know their beat and really take it to heart when horrible things happen in their neighborhood.

Brandishing the term "pig" around so freely lets me know you don't really know any cops. Saying that I'm letting them "shit on my rights" because I won't backtalk over something that in the grand scheme of things really doesn't matter shows me you haven't really thought the scenario through.

If I get pulled over for speeding when I know I wasn't....I'll probably just take it and write it off as shit happens. If cops want to search my car or house without a warrant or are TRULY giving me a hard time for no reason....I'll keep my mouth shut and find a kick ass lawyer. Being a mouthy brat isn't REALLY going to cause the cops any trouble. Tying them up with legal problems......that's way better for "sticking it to the man."

Polly Patient
Polly Patient

A Democrat is a Republican who has been to jail. Welcome to our world!

Druid0621
Druid0621

And a Republican is a Liberal who has been mugged.

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