Boulder police officers Sam Carter, 35, and Brent Curnow, 38, turned themselves in to the Boulder County Jail on Friday morning and were booked on suspicion of forgery, tampering with physical evidence, attempting to influence a public official -- all felonies -- as well as unlawful taking of a trophy elk, conspiracy, a Samson surcharge, killing an elk out of season, unlawful use of an electronic device to unlawfully take wildlife and first degree official misconduct -- all misdemeanors.
Carter and Curnow could face prison time and the loss of their official police certification. Both men were released on $20,000 personal recognizance bonds, and a formal filing of charges could happen as soon as January 23, according to Boulder County District Attorney Stan Garnett.
"Over the last two-and-a-half weeks, my lawyers, investigators and staff have worked closely with the excellent investigators of Colorado Parks and Wildlife to make sure that no stone was left unturned in determining what happened here," Garnett said.
According to an affidavit, Carter told police the day after the shooting that he encountered an elk while on patrol near Mapleton Avenue and Ninth Street late Jan. 1 that he said was injured and needed to be put down. Carter then shot the animal with a shotgun, and Curnow -- who was off-duty -- came to pick up the carcass with the help of an on-duty Boulder County sheriff's deputy, identified as Jeff George.
Carter did not report the incident or notify his supervisors he fired his weapon that night, though he told investigators he called in the incident and did not know why dispatch did not have any record of it, according to the affidavit.
But according to an arrest affidavit, cell phone records obtained from phone carriers for Carter, Curnow and George show the shooting was premeditated. In the texts, Carter can be seen referring to the elk as early as 2:56 a.m. Jan. 1 -- almost 20 hours before the shooting.
Carter also applied for a road kill permit for the elk with Colorado Parks and Wildlife, saying the elk had broken an antler off, while investigators believe Curnow had sawed the antler off.
During the investigation, no neighbors who saw the elk in the hours leading up to the shooting noticed it was injured and also said it never appeared to be aggressive. In addition, a necropsy of the elk performed at Colorado State University found no signs of any significant trauma, and investigators never found evidence of a car strike at the scene.
In addition to the criminal investigation, the Boulder Police Department is conducting an internal personnel investigation into Carter and Curnow. They had both been on paid leave, but Boulder police Chief Mark Beckner said in light of the charges he was now placing them on unpaid administrative leave.
"Boulder police fully supports the decision of the District Attorney's Office," Beckner said. "It's the right decision."
Beckner said the personnel investigation will still take a couple weeks, but did add the consequences for the type of untruthfulness depicted in the affidavit would, "typically be termination from employment."
"I think the affidavit speaks for itself," Beckner said.
At the moment, George is not facing any criminal charges, according to Garnett, though that could change if more evidence comes to light.
"Certainly, on a case like this, the various investigations will continue and if the state of the evidence changes we will reevaluate," Garnett said.
Boulder Sheriff Joe Pelle said George never denied texting Carter about killing the elk, and thought Carter had been told by Boulder police to put the elk down.
"His story from the very beginning was that he knew Carter was looking for the elk," Pelle said. "The text messages don't change the presumption of innocence or guilt."
But Pelle said George is still subject to an internal probe, though he has not been suspended from duty.
"We're still unhappy we were involved in this at all," Pelle said. "At a very minimum, the deputy wasn't where he was supposed to be or doing what he was supposed to be."
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| Kappy Strahan uses Christmas greenery to create a memorial to the elk killed by Boulder police along Mountain View Road in Boulder. |
Friday's arrest comes after a tumultuous few weeks, as residents of Mapleton neighborhood where the elk was often seen expressed outrage over the shooting. The elk's death sparked everything from vigils and marches to Twitter accounts and even a ballad.
Jennifer Churchill, the spokeswoman for Colorado Parks and Wildlife, said the investigation took time due to the enormous amount of interviews and electronic evidence to go through.
"We take wildlife crime allegations very seriously," said Churchill. "We really appreciate the public's patience with this."
(Daily Camera - Jan 19, 2013)
Earlier:
- Boulder police suspend 2 officers over Mapleton elk shooting, sheriff launches probe
- Off-duty Boulder officer in elk shooting had called in sick, operates taxidermy website
- Boulder chief on elk shooting: 'If that officer needs to be fired, I assure you he will be fired'
- Evans: "It's not about the elk"
- Boulder cop's text hours before shooting Mapleton elk: 'He's gonna die'
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