Boulder officers
arrested, accused of plotting 'trophy' kill of Mapleton elk
After
almost three weeks of investigation and community unrest, two Boulder police
officers were arrested Friday on nine charges -- including three felonies -- in
the shooting and disposing of an elk in the Mapleton Hill area after
investigators say texts between the officers revealed they planned the trophy
kill almost a day in advance of the actual shooting.
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 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."
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."