1. Summary of Submitted Evidence
- Source: Denver PD incident report, Case #24-DV-00417, written by Ofc. M. Reyes on 03/14/2024 at 23:41.
- Allegation: Third-degree assault and harassment. The reporting party (RP) says John S. grabbed her wrist and shoved her into a wall during an argument about money, about 30 minutes before the 911 call.
- Officer observations: "faint redness" on the RP's left wrist; no swelling, bruising or laceration; RP declined medical care; odor of alcohol and slightly slurred speech; RP admits "a couple drinks."
- Accused's account: argument was verbal; the RP threw a glass at him; he grabbed her wrist to stop a second throw. A broken glass was found near the kitchen and he had a small cut on his right forearm.
- Independent witness: neighbor K. Alvarez "heard yelling but no thumps or screams."
- Gaps: no photos, bodycam, 911 audio or medical records referenced; the 911 call was a hang-up.
2. Key Defense Angles & Reasonable Doubt Opportunities
- Self-defense / defense of person: the physical evidence (broken glass, fresh cut on his forearm) corroborates his account that he grabbed her wrist to stop a thrown object.
- Minimal injury, consistent with either version: faint redness without bruising fits a brief restraining grip as well as the alleged shove, and nothing documents injury from hitting a wall.
- Neighbor heard no impact: "no thumps or screams" cuts against being shoved into a wall.
- Intoxication of the RP: alcohol odor and slurred speech bear on her perception and memory of a fast-moving event.
- RP did not want charges: "just wants him out for the night" suggests the call may have been about separation, not assault.
3. Judicial Hot Buttons: Every Angle a Judge Cares About
Constitutional Issues (4th / 5th / 6th / 14th Amendment)
- Were his statements made before or after he was in custody? If questioning continued after arrest without Miranda warnings, statements may be challenged.
- Confrontation (6th Amendment): if the RP does not testify, her statements to the officer face hearsay and confrontation limits at trial.
Evidentiary Issues (Hearsay, 404(b), Authentication, Privilege, 403)
- The RP's porch statements may be offered as excited utterances; the 30-minute gap and her composure are relevant to whether that exception applies.
- Watch for any attempt to introduce prior incidents (CRE 404(b)); none are mentioned in this report.
Procedural & Investigative Issues
- Predominant-aggressor analysis: Colorado's mandatory-arrest statute (CRS 18-6-803.6) directs officers to identify the predominant aggressor when both parties show signs of conflict. The report records his cut and the broken glass but no analysis of who was the aggressor; the arrest is described as based on the RP identifying him.
- No photos of either party's injuries or the scene are referenced.
Substantive / Merits Issues
- Third-degree assault requires proof of bodily injury (pain or impairment). The only documented sign is faint redness, with no complaint of pain recorded.
Witness & Credibility Issues
- The officer recorded both accounts and both sets of physical evidence, which are useful neutral facts for the defense.
4. Credibility Issues with Accuser / Witnesses
- Intoxication at the time of the events and of the interview.
- Her account (shoved into a wall) is not supported by the neighbor's "no thumps," or by any documented injury beyond faint redness.
- She did not mention throwing a glass; the broken glass and his cut are unexplained by her version.
- Her stated goal ("just wants him out for the night") may indicate a motive other than reporting an assault.
5. Evidence Strength & Weaknesses
- Strengths for the defense: broken glass, his forearm cut, no bruising, neighbor's account, RP intoxication, RP's wish not to press charges.
- Weaknesses / risks: he admits grabbing her wrist; the redness is on that wrist; a 911 call was placed.
- Missing, Request in Discovery: bodycam footage from all responding officers, the 911 recording and CAD log, any scene or injury photos, the officer's full notes, and any medical records.
6. Relevant Colorado Law & Statutes
- Third-degree assault (CRS 18-3-204): requires knowingly or recklessly causing bodily injury.
- Harassment (CRS 18-9-111).
- Mandatory arrest & predominant aggressor (CRS 18-6-803.6).
- Self-defense (CRS 18-1-704): force reasonably believed necessary to defend against the imminent use of unlawful force.
- Hearsay (CRE 801–803); prior acts (CRE 404(b)); discovery (Crim. P. 16).
7. Suggested Strategic Next Steps & Motions
- Discovery demand for bodycam, the 911 audio/CAD, photos and notes (Crim. P. 16).
- Preserve your own evidence now: photograph the forearm cut and keep any medical record of it; note who cleaned up the broken glass.
- Ask your attorney about a motion in limine on any prior-acts evidence, and whether a self-defense instruction is supported.
- Ask about the protection order: request modification if it is broader than necessary.
8. Risk Warnings & Cautionary Advice
- Do not contact the RP in any way if a protection order is in place, even to "talk it out."
- Do not post about the case online or discuss it with anyone except your attorney.
- Admitting the wrist grab without context can be harmful. Let your attorney frame it.
9. Overall Case Strength Assessment
- Defense position: moderate to strong on these facts. The physical evidence supports self-defense and the injury evidence is thin. The outcome will depend heavily on bodycam, the 911 audio, and whether the RP testifies.
Disclaimer
This is an example produced for illustration from a fictional report. It is informational only, not legal advice, and no attorney-client relationship is formed. Always consult a licensed attorney or your Public Defender.
