Estate of Jack Jacquez v. City of Rocky Ford

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 1 of 37
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-2519
ESTATE OF JACK J. JACQUEZ;
MARIAH TALMICH, as Personal Representative of the Estate of Jack J. Jacquez,1 on
behalf of J.T-J, child of Jack J. Jacquez, and on her own behalf;
PAMELA PAYTON, on behalf of D.P., child of Jack J. Jacquez;
MARYAH PEREZ, on behalf of A.A., child of Jack J. Jacquez; and
VIOLA B. JACQUEZ, on her own behalf;
Plaintiffs.
v.
THE CITY OF ROCKY FORD, a municipality;
JAMES ASHBY, in his individual capacity; and
CHIEF FRANK GALLEGOS, in his individual capacity;
Defendants.
COMPLAINT AND JURY DEMAND

______________________________________________________________________
Plaintiffs, by that through their attorneys Qusair Mohamedbhai, Matthew J. Cron,
and Max D. Hellman of RATHOD MOHAMEDBHAI, Joseph A. Koncilja, Steve Cornetta, and
Tim OShea of Koncilja & Koncilja, P.C., and John G. Lee, III and Amanda Francis of
Fuicelli & Lee, P.C., allege as follows:
There is currently a motion pending in probate court to substitute Christopher Marchase of

Pikes Peak Probate Services for Ms. Talmich as the personal representative of Mr. Jacquezs
estate. If the motion is granted, Plaintiffs will file a motion to substitute party.
I. INTRODUCTION
This is a case about a police department that hires second-chance cops2
without any vetting. It is about a police department that gave a badge to one such
officer, yet failed to provide him with any training regarding excessive force, including
deadly force. And it is a case about an officer who regularly resorted to excessive force
but did not receive discipline for his actions. The consequence of these customs,
policies and practices: the senseless shooting death of Jack J. Jacquez, a 27-year-old
father of three, by Officer James Ashby of the Rocky Ford Police Department (RFPD).
When the City of Rocky Ford (Rocky Ford) hired Officer Ashby to patrol its
streets, it knew that Officer Ashby had been the subject of multiple internal affairs
investigations and was ineligible for rehire from his previous law enforcement employer.
Ignoring these obvious red flags, the RFPD hired Officer Ashby without any meaningful
investigation into his background. And, despite Officer Ashbys blemished record, the
RFPD failed to provide him with any basic training. Officer Ashby was instead permitted
to police by his own rules. For Officer Ashby, this meant employing overwhelming force
against any civilians who dared challenge his authority.
The residents of Rocky Ford quickly felt Officer Ashbys brutal concept of
policing. On August 2, 2014, Officer Ashby responded to a 911 call from Russell Price,
who had been shot in the face. When he arrived at the scene, Officer Ashby held Mr.
Price at gunpoint, placed his service weapon on Mr. Prices skull, nudged him to the
The term second chance cops has been defined as law enforcement personnel who cycle
from department to department despite serious blemishes on their records. See Denver Post,
Second-Chance Cops Become Issue in Rocky Ford after Fatal Shooting, available at
http://www.denverpost.com/2015/08/15/second-chance-cops-become-issue-in-rocky-ford-afterfatal-shooting/ (Apr. 22, 2016).
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curb, and threatened to put another bullet in his head. All because Mr. Price had dared
to ask why he was being treated like a criminal.
Only eight days before killing Mr. Jacquez, Officer Ashby arrested Jeremiah
Ramsey without probable cause and severely beat him while in a jail holding cell.
Officer Ashby slammed Mr. Ramseys head into the concrete floor, stomped on his foot,
choked him, and forced him to lie handcuffed on the floor in a pool of someone elses
vomit. All because Mr. Ramsey had the gall to ask Officer Ashby why he needed to
remove his shoes.
Mr. Jacquez was not as fortunate as Officer Ashbys other victims. In the early
morning of October 12, 2014, Mr. Jacquez was skateboarding home from a friends
house when Officer Ashby first contacted him. Mr. Jacquez told Officer Ashby that he
was going home, and then walked away from Officer Ashby. Angered by this perceived
show of disrespect, Officer Ashby followed Mr. Jacquez onto his property and attempted
to arrest him without probable cause. When Mr. Jacquezs mother opened the back
door and he escaped Officer Ashbys grasp, Officer Ashby followed Mr. Jacquez into the
kitchen and fatally shot him in the back.
On June 23, 2016, a jury convicted Officer Ashby of second-degree murder for
killing Mr. Jacquez. But although the jury considered only Officer Ashbys conduct, the
verdict is just as much an indictment of Rocky Ford, its police department, and their
woefully deficient policies, customs, and practices that led to Mr. Jacquezs death.
II. JURISDICTION AND VENUE
1.
This action arises under the Constitution and laws of the United States
and is brought pursuant to 42 U.S.C. 1983. Jurisdiction is conferred on this Court
pursuant to 28 U.S.C. 1331. Jurisdiction supporting Plaintiffs claim for attorneys fees
and costs is conferred by 42 U.S.C. 1988.
2.
Venue is proper in the United States District Court for the District of
Colorado pursuant to 28 U.S.C. 1391(b). All of the events and omissions alleged
herein occurred within the State of Colorado. At the time of the events and omissions
giving rise to this litigation, all of the Defendants resided in Colorado.
III. PARTIES
3.
The decedent, Jack J. Jacquez, was a citizen of the United States of
America and a resident of the State of Colorado.

4.
Plaintiff Mariah Talmich, personal representative of the estate of Jack J.
Jacquez, was engaged to Jack J. Jacquez, and is a citizen of the United States and a
resident of the State of Colorado. She represents the interests of J.T-J, her minor child
with Jack J. Jacquez, and her own interests.
5.
Plaintiff Pamela Payton represents the interests of D.P., her minor child
with Jack J. Jacquez, and she is a citizen of the United States and a resident of the
State of New Mexico.
6.
Plaintiff Maryah Perez represents the interests of A.A., her minor child with
Jack J. Jacquez, and she is a citizen of the United States and a resident of the State of
Colorado.
7.
Plaintiff Viola Jacquez is a citizen of the United States and resident of the
State of Colorado. Ms. Jacquez is also the mother of Jack J. Jacquez.

8.
Defendant City of Rocky Ford is a Colorado municipality. Defendant
Rocky Ford is responsible for the oversight, supervision, and training of the RFPD and
its officers. The RFPD is the vehicle through which the Defendant Rocky Ford fulfills its
policing functions. Defendant Rocky Ford was at all relevant times the employer of
Defendant Officer Ashby, and is a proper entity to be sued under 42 U.S.C. 1983.
9.
At all times relevant to the subject matter of this lawsuit, Defendant Officer
James Ashby was a citizen of the United States, a resident of the State of Colorado,
and was acting under color of state law in his capacity as a law enforcement officer
employed by Defendant Rocky Ford.
10.
At all relevant times, Defendant Chief Frank Gallegos was the Chief of
Police for the RFPD and was responsible for hiring, training, supervising, and
disciplining Officer Ashby. Defendant Chief Gallegos is sued in his individual capacity.
At all times relevant to the subject matter of this lawsuit, Defendant Chief Gallegos was
a citizen of the United States, a resident of the State of Colorado, and was acting under
color of state law in his capacity as a law enforcement officer employed by Defendant
Rocky Ford.
11.
Defendants Rocky Ford, Officer Ashby, and Chief Gallegos will be referred
to collectively as Defendants.
IV. FACTUAL ALLEGATIONS
Jack Jacquezs Life and the Loss to his Family
12.
Mr. Jacquez was born on December 23, 1986 in La Junta, Colorado to
parents Viola Jacquez and Jack Jacquez.

13.
Mr. Jacquez grew up with three sisters, Kelly, Jackie, and Jennifer and
maintained close relationships with his siblings.
14.
Mr. Jacquez is survived by three minor children, J.T-J, D.P., and A.A, who
will now grow up without a father. Mr. Jacquez also fathered a fourth child, who died in
her infancy.
15.
Throughout his life, Mr. Jacquez was known in Rocky Ford for his happy-
go-lucky spirit. His family and friends describe him as a gregarious, engaging individual
who liked to show his personality through a colorful fashion sense.
16.
Mr. Jacquez was a child at heart, and loved music, comic books,
astrology, nature, video games, and fixing up old cars. Although bound to Rocky Ford
by economic and familial considerations, Mr. Jacquez also loved traveling and
immersing himself in new experiences and adventures, which included a stint living in
New Mexico.
17.
At the age of nineteen, Mr. Jacquez received his GED certificate. He
enrolled at Otero Junior College where he took classes in automotive mechanics.

18.
Mr. Jacquez put his life on hold when his uncle, Daniel Duran, was
stricken with cancer. Mr. Jacquez moved to Pueblo, Colorado to live with his uncle and
take care of him. For approximately seven months, he fed, dressed, bathed and
performed other chores for his uncle as his health declined.
19.
After his uncles death, Mr. Jacquez found an apartment and took a job in
Pueblo working at a call center. When the call center went out of business, Mr. Jacquez
moved back to Rocky Ford.
20.
In July of 2013, he began dating Ms. Talmich, an attendant at a nursing
home who he had known since Junior High School. The couple fell in love quickly and
she moved in with him into Ms. Jacquezs house in December of 2013. Soon after, they
became engaged.
21.
In June of 2014, the recently engaged couple discovered to their great joy
that they were pregnant. When Mr. Jacquez was shot and killed, Ms. Talmich was
eighteen weeks pregnant. Their daughter, J.T-J, was born on March 8, 2015.
22.
Mr. Jacquez was 27 years old when he was killed. His death has left an
enormous void in the life of his family and friends that will never be filled. His room has
not been touched, as if the family hopes his murder is all just a nightmare.
23.
Mr. Jacquez was fundamentally a kind person who provided light and
warmth to those around him, and he deserved the opportunity to grow with grace.
Officer Ashby Attempts to Unlawfully Arrest Mr. Jacquez
24.
On the night of October 11, 2014, Ms. Jacquez dropped Mr. Jacquez off at
his friends house where he and his friend played video games and babysat his friends
niece and nephew.
25.
Around 2:00 a.m. on October 12, 2014, Mr. Jacquez left his friends
house. As his mother had dropped him off, Mr. Jacquez did not have a car and he
began skateboarding home.
26.
Meanwhile, Officer Ashby was on routine patrol traveling westbound on
Swink Avenue, the main westbound thoroughfare in Rocky Ford. Officer Ashby was
accompanied by Kyle Moore, a civilian ride-along passenger who was the brother of
RFPD officer Timothy Moore.
27.
Mr. Jacquez was only a couple of blocks from his home when Officer
Ashby pulled up alongside Mr. Jacquez and shouted hey bro through the window of
his patrol car.
28.
Officer Ashby told investigators that Mr. Jacquez responded, fuck you.
However, ride-along Mr. Moore admitted that Mr. Jacquez simply said words to the
effect of Im going home.
29.
Mr. Jacquez got off his skateboard, and began walking on the sidewalk
towards the home that he shared with his mother and fiance, Ms. Jacquez and Ms.
Talmich respectively.
30.
For no apparent or justifiable reason, Officer Ashby followed Mr. Jacquez
in his patrol car. Officer Ashby observed Mr. Jacquez walk to the back porch of his
home, which functioned as the main entrance. A bright light on the back porch
illuminated the scene, as did a nearby streetlight.
31.
Officer Ashby parked his vehicle and decided to follow Mr. Jacquez to the
back porch, even though he lacked any reasonable suspicion that Mr. Jacquez was
committing a crime.3
32.
Holding his skateboard in one hand, Mr. Jacquez fumbled in his backpack
for keys with the other. Officer Ashby came up the path to the porch and, without
identifying himself as a police officer, shouted at Mr. Jacquez to show his hands.
33.
Mr. Jacquez, frightened from being approached by this unknown person in
the middle of the night, told Officer Ashby to leave him alone.
Officer Ashby later claimed that he believed Mr. Jacquez was a burglar. There was absolutely
no objective reason for Officer Ashby to have this belief.
34.
After Mr. Jacquez made this request, Officer Ashby dramatically escalated
the situation by drawing his service weapon, aiming it at Mr. Jacquez, and screaming at
Mr. Jacquez to show his fucking hands.
35.
Officer Ashby could see that Mr. Jacquez was unarmed when on the
36.
Fearing for his safety, Mr. Jacquez began frantically knocking on the door,
porch.
awakening both Ms. Talmich and Ms. Jacquez. Without any legal justification, Officer
Ashby grabbed Mr. Jacquezs left wrist and tried to tackle him to the ground.
37.
As the two men struggled on the porch, Ms. Jacquez opened the door,
and Mr. Jacquez managed to enter the home, despite Officer Ashbys attempt to wrestle
him to the ground.
38.
At some point during the altercation on the porch, Officer Ashby used his
O.C. pepper spray on Mr. Jacquez.

Officer Ashby Uses Objectively Unreasonable Deadly Force Against Mr. Jacquez
39.
Upon entering his home, Mr. Jacquez walked through the kitchen towards
the living room and his bedroom. The kitchen was not independently lit but the bright
back porch light illuminated the scene.
40.
Officer Ashby followed Mr. Jacquez through the back porch door, which
opened into the homes kitchen. Ms. Jacquez was also in the kitchen.
41.
When Officer Ashby entered the home, Ms. Jacquez asked him a question
to the effect of why are you here? or what are you doing? Officer Ashby did not
respond or otherwise identify himself as a police officer.
42.
Mr. Jacquez almost made it through the kitchen to the living room when
Officer Ashby again drew his service weapon. This time he fired two shots. One of the
bullets struck Mr. Jacquez in the back, severing his spinal cord and crushing his T10
vertebra, instantly paralyzing him. The bullet traveled slightly right to left, perforating the
vertebra, spinal cord, aorta, pericardium, posterior left ventricle, left lower lung, and
anterior left fifth rib.
43.
After being shot, Mr. Jacquezs momentum carried him a step or two
towards the living room (away from Officer Ashby).

44.
As the bullet instantly paralyzed him, Mr. Jacquez could only have moved
away from Officer Ashby if he was already moving in that direction.

45.
Mr. Jacquez did not have any gunpowder residue on his jacket. Colorado
Bureau of Investigations (CBI) concluded from this fact that Officer Ashby was
between four and six feet from Mr. Jacquez when he fired the fatal shot.
46.
When questioned by investigators as to why he shot Mr. Jacquez, Officer
Ashby claimed that Mr. Jacquez was holding a baseball bat and he was afraid that Mr.
Jacquez was going to use the bat as a weapon.
47.
Ms. Jacquez, who was only a few feet away, denied that Mr. Jacquez was
holding a bat when he was shot. Rather, there was a bat in the living room. In a frenzy
after her only son was shot, Ms. Jacquez threw several objects that she tripped over
onto her bed, including the bat and Mr. Jacquezs backpack.
48.
Even if Mr. Jacquez picked up a bat, he was still facing away and moving
away from Officer Ashby when he was shot. Hence, Officer Ashby could not reasonably
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have been in fear of serious physical injury. Further, it would have been reasonable for
Mr. Jacquez to defend himself from an unknown person threatening him with a gun.
49.
Mr. Jacquezs intent during the entire incident was to escape from Officer
Ashby who, before killing Mr. Jacquez, had already threatened him with a gun, grabbed
his arm, attempted to take him to the ground, and pepper sprayed him.
50.
At no point during the entire interaction did Mr. Jacquez ever harm or
attempt to harm Officer Ashby. Officer Ashby sustained no injuries from his interaction
with Mr. Jacquez.
51.
At no point did Officer Ashby fear (reasonably or unreasonably) that Mr.
Jacquez posed any danger to him.

52.
At no point did Officer Ashby fear (reasonably or unreasonably) that Mr.
Jacquez posed a danger to anyone.

53.
When Officer Ashby used deadly force, Mr. Jacquez presented no threat
to Officer Ashby or others.

54.
Any danger that Officer Ashby felt was created by his own reckless
conduct in trespassing onto his property, attempting to seize Mr. Jacquez without any
legal justification, and following Mr. Jacquez into his residence.
55.
Officer Ashby never radioed his position or requested backup until after he
killed Mr. Jacquez.

The Aftermath of the Shooting
56.
Ms. Talmich, awakened by the commotion, emerged from the bedroom
almost immediately after shots were fired. Officer Ashbys second bullet nearly hit her.
11
57.
Ms. Talmich ran towards Mr. Jacquez. Officer Ashby screamed at her not
to go near Mr. Jacquez, who lay dying on the floor.

58.
After he fired shots, Officer Ashby announced shots fired on the radio.
59.
Corporal Randall James Garrett of the RFPD was the first responder after
the shots fired announcement. When he arrived at the scene, Officer Ashby had not
yet requested medical attention.
60.
Cpl. Garrett did not provide medical assistance to Mr. Jacquez.
61.
At that point, medical transport was finally requested.
62.
Officer Timothy Moore then entered the residence and saw Ms. Talmich
and Ms. Jacquez in the living room. Officer Moore then handcuffed both Ms. Jacquez
and Ms. Talmich while Mr. Jacquez lay motionless on the floor.
63.
Officer Moore then escorted Ms. Jacquez and Ms. Talmich out of the
house in handcuffs. Outside, law enforcement denied Ms. Talmichs request for a
blanket, although medical responders later provided both women with blankets.
64.
Medical responders transported Mr. Jacquez to Arkansas Valley Regional
Hospital. Mr. Jacquez did not have any vital signs when he arrived at 2:25 a.m. Dr.
James Brady attempted emergency life-saving efforts, but pronounced Mr. Jacquez
dead at 2:38 a.m.
65.
On November 14, 2014, an agent with the Colorado Bureau of
Investigation submitted an arrest affidavit, contending there was probable cause to

believe that Officer Ashby committed the offense of Second Degree Murder, as defined
in C.R.S. 18-3-103.
66.
An Otero County District Court Judge signed the arrest warrant.
12
67.
On June 23, 2013, after a more than week-long trial, an Otero County jury
convicted Officer Ashby of second degree murder.

68.
Officer Ashby is the first Colorado law enforcement officer convicted of
murder in at least forty years.

69.
He is currently awaiting sentencing.
Officer Ashbys Employment at the Walsenburg Police Department Was Marred

by Numerous Civilian Complaints Ranging from Discourtesy to Excessive Force
70.
Officer Ashby began his law enforcement career with the Walsenburg
Police Department (WPD) in January 2009 and was employed there until 2013 when
he resigned during the investigation of an excessive force complaint.
71.
Prior to joining the WPD, Officer Ashby was fired from a security guard
position at a Pueblo K-Mart after a complaint by a co-worker.

72.
Officer Ashbys personnel file from his time at the WPD contains
numerous citizen complaints and internal affairs investigations, including several

incidents of excessive force, unlawful entry, and unlawful arrest which bear marked
similarity to his taking of Mr. Jacquezs life.
73.
Based on his record at the WPD, Officer Ashby was not eligible for rehire.
74.
In September of 2009, Officer Ashby made several very vulgar remarks
to a female officer in clear violation of WPDs sexual harassment policy.

75.
Also in September of 2009, Officer Ashby parked his vehicle outside the
Anchor Motel in Walsenburg. The owner of the motel, Bruce Eccher, asked Officer
Ashby to move his vehicle. In response to this reasonable request, Officer Ashby grew
loud, aggressive, and belligerent and threatened to arrest Mr. Eccher. Mr. Eccher filed
a complaint against Officer Ashby.
13
76.
Later that year, Amaya Rousseau filed a complaint against Officer Ashby,
also complaining of unprofessional and vulgar treatment. Ms. Rousseau had called the
police after she received an anonymous telephone call that was sexually graphic and
threatened rape.
77.
Officer Ashby responded to Ms. Rousseaus call. After Ms. Rousseau told
him the general content of the call, Officer Ashby required her to repeat verbatim the
exact words the caller had used. Ms. Rousseaus husband, who was present during the
encounter, observed that Officer Ashby appeared bent on humiliating Ms. Rousseau.
78.
When Ms. Rousseau expressed her discomfort, Officer Ashby grew
agitated and combative, and told her that he was an elected governmental official who
did not have to help her.
79.
On July 14, 2012, Officer Ashby was dispatched to the Silver Dollar bar in
Walsenburg on reports of a fight between two men, one of whom was Cameron
Martinez.
80.
Officer Ashby claimed that when he tried to break up the fight, Mr.
Martinez punched him in the shoulder/face. However, bystanders denied that Officer
Ashby was punched.
81.
In his own words, Officer Ashby reacted to the alleged punch by
execut[ing] multiple straight punches to [Mr.] Martinezs head (approximately 2-3) while
ordering Martinez to quit resisting. As Mr. Martinez tried to escape, Officer Ashby
reached for the back of Martinezs neck with both hands and executed one knee strike
to Martinezs head.
14
82.
Felicia King, Mr. Martinezs girlfriend, tried to come to Mr. Martinezs
rescue. Officer Ashby responded by execut[ing] one straight punch to the person
pulling on me.
83.
At that point, a gathering crowd of onlookers started shouting dirty cops
and making comments about Officer Ashby punching a female. Officer Ashby then
began to [throw] straight punches and push anyone that was touching me. Officer
Ashby then used a pepper spray grenade fogger to disperse the crowd.
84.
After Mr. Martinez was handcuffed, Officer Ashby resumed his abuse. A
witness observed, while being handcuffed, instead of placing [Mr. Martinez] in the
police car Officer Ashby grabbed [Mr. Martinez] by his arm and neck and slammed him
to the cement, forcing his face into the cement and hitting him.
85.
Another witnessed described how Officer Ashby handcuffed [Mr.]
Martinez, pushed him against the car and said you dont hit a cop motherfucker, and
continued to hit, punch [and] knee him in the face.
86.
Officer Ashby wrote that the struggle between me and Martinez was
violent enough that during it we ended up against my patrol vehicle breaking my driver
side mirror.
87.
Officer Ashby also deployed a second pepper spray grenade directly at
Mr. Martinez while he sat handcuffed on the curb.

88.
After Officer Ashby was finished with Mr. Martinez, Mr. Martinez was taken
to the Parkview Hospital emergency room where he was treated for a concussion and
post-concussion syndrome.
15
89.
At least five witnesses provided statements to investigators about the
brutality of Officer Ashbys actions.

90.
On February 1, 2013, Officer Ashby responded to a call at Christine Vigils
residence, but refused to go inside. Officer Ashby, similar to some of the prior incidents
alleged above, got into a verbal altercation with Ms. Vigil and her aunt and uncle, David
and Lucy Folger, who later filed a complaint.
91.
An investigation found that Officer Ashby violated WPD policy 2-2.7,
Courtesy, by becoming insolent with the resident and her relatives. Similar to his
escalation of the situation with Mr. Jacquez, an investigation found that Officer Ashby
verbally escalated the situation and that he should be able to diffuse the situation
instead of contributing to its continued aggravation. Officer Ashby received a written
warning.
92.
In August of 2013, in the incident that led to his resignation from the WPD,
Officer Ashby responded to the Vallejo residence for unknown reasons but likely for a
noise complaint.
93.
When he arrived at the house, Demi Vallejos informed Officer Ashby that
her brother had been drunk and loud earlier in the night, but that he had quieted down
and law enforcement was not needed.
94.
Just as he unlawfully entered the Jacquez residence one year later,
Officer Ashby entered the Vallejos house over objections and without any exigent
circumstances. After entering the residence, he went down to the basement and placed
Ms. Vallejos brother, Alvin, in handcuffs.
16
95.
When Ms. Vallejos complained that Officer Ashby was arresting her
brother for no reason, Officer Ashby grabbed her, body slammed her to the pavement,
cuffed her, and threw her in the back of his patrol car.
96.
Ms. Vallejos was not arrested or charged with any crime.
97.
When internal affairs initiated an investigation into Officer Ashbys conduct
at the Vallejos family house, Officer Ashby resigned.

Rocky Ford Failed to Adequately Screen Officer Ashby
98.
After resigning from the WPD, Officer Ashby sought employment at
numerous other Colorado law enforcement departments. Officer Ashbys applications

were roundly rejected. Rocky Ford, however, with its documented history of hiring
second chance officers, actually recruited Officer Ashby to join the department.
99.
On June 23, 2014, Rocky Ford hired Officer Ashby.
100.
Before hiring Officer Ashby, then Chief of Police Gallegos contacted the
WPD Chief of Police Tommie McLallan.

101.
The conversation lasted for only two to three minutes. Chief Gallegos
asked Chief McLallan how long Officer Ashby had worked there, whether Officer Ashby
had any problems, and whether Officer Ashby was eligible for rehire.
102.
Chief McLallan told Chief Gallegos that Officer Ashby had been the
subject of several internal affairs investigations and that he was not eligible for rehire
with the WPD.
103.
Remarkably, Chief Gallegos did not ask any follow-up questions about the
nature of the internal affairs investigations or why Officer Ashby was ineligible for rehire.
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104.
Officer Ashby was not asked to provide an employment records release as
part of his application to the RFPD.

105.
Nor did Chief Gallegos seek a release for Officer Ashbys employment file,
in which the numerous incidents alleged above were documented.

106.
Had Chief Gallegos undertaken even the most cursory background check,
he would have discovered the numerous citizen complaints against Officer Ashby, his
pattern of escalating interactions with civilians into aggressive, often violent conflict, his
unlawful entry into the Vallejos home, and his use of excessive force, including the
incident with Mr. Martinez where Officer Ashby nearly incited a riot.
107.
Chief Gallegos decision to hire Officer Ashby without even minimal vetting
is consistent with the RFPDs policy of hiring police officers who had been fired or
forced to resign from other law enforcement departments, or had criminal histories
making them unfit for duty.
108.
Mickey Bethel, the current RFPD Chief (and a captain at the time of Mr.
Jacquezs death), was fired from the Pueblo Police Department after a former boss
described him as a cancer on the department. Chief Bethel had been prosecuted on a
criminal charge of official misconduct (he was acquitted) and accused of witness
tampering.
109.
Chief Bethels son, Justin, was also hired by the RFPD. Prior to his
employment at the RFPD, Mr. Bethel had received criminal convictions for prohibited
use of a gun while drunk, careless driving, possession of drug paraphernalia, and
driving while impaired.
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110.
Officer Darin Poole was hired despite being fired from the Adams County
Sheriffs Department after he had been charged with assaulting an inmate. He also had
resigned from the Sedgwick County Sheriffs Office amid controversy over his beating of
a 63-year-old disabled man after a traffic stop, a beating described in court testimony as
a pit bull attacking a dead chicken.
111.
Since the shooting of Mr. Jacquez, Rocky Ford has put in place new hiring
protocols. Rocky Ford City Manager Ian Kaiser explained the new protocols to the
Denver Post, as [w]ere vetting people now.
Rocky Ford Police Department Failed to Train Officer Ashby After Hiring Him and
Other Deficient Customs, Policies, and Procedures
112.
The RFPD provided Officer Ashby with virtually no training upon hiring him
as a police officer.
113.
Officer Ashby did not receive any training by the RFPD on the use of
excessive force. He did not receive any training on constitutional rights. He did not
receive any training on how to apply for a warrant.
114.
The RFPD never took him to the firing range or had him fire a qualification
115.
The only training Officer Ashby received related to the geographical
round.
jurisdiction of the RFPD.

116.
The RFPD did not require any continuing certifications or training, nor pay
for any continuing officer education classes.

117.
Officer Ashby was never given a paper copy of RFPD policies.
118.
There were multiple versions of the RFPD policies on CDs and Officer
Ashby was never informed which version was the governing policy.
19
119.
In addition to not providing Officer Ashby with any training, the RFPD
made no effort to ensure that Officer Ashby had read and understood the various
versions of RFPD policies.
120.
Essentially, upon being hired by Rocky Ford, Officer Ashby was simply
given a badge and told to go police.

121.
Officer Ashby quickly learned that excessive force was condoned by his
supervisors at the RFPD. Soon after starting at the RFPD, Officer Ashby observed
Officer Poole beating a civilian for no apparent reason. Officer Ashby informed his
supervisors about the incident but was told not to worry about it.
122.
Civilian complaints about RFPD officers were not taken seriously. The
RFPD habitually performed lax investigations and rarely imposed discipline.

123.
Mr. Jacquezs death was a direct result of Rocky Fords custom and policy
of tolerating excessive force.

124.
Patrol officers at the RFPD were often left on an island without backup
options, especially late at night. Often, officers would not respond to calls or there
would be no dispatch.
125.
RFPD officers were never sanctioned or disciplined for failing to respond
to calls.
126.
RFPD officers, including Officer Ashby, resorted to using overwhelming
force because they knew they would not have sufficient backup.
Officer Ashby Continues his Pattern of Excessive Force at the Rocky Ford Police
Department and Brandishes his Service Weapon as a Threat
127.
Given his history of using excessive force at the WPD, and the absence of
any training by the RFPD, it should come as no surprise that Officer Ashby continued to
20
use excessive force during his brief tenure at the RFPD.

128.
By the time Officer Ashby shot and killed Mr. Jacquez, he was already the
recipient of several civilian complaints, including at least two excessive force

complaints, despite having been employed by Rocky Ford for less than four months. An
investigation that opened just two days before the fatal shooting recommended that
criminal charges be brought against Officer Ashby for false arrest, kidnapping, criminal
harassment, and excessive force.
Russell Price Incident
129.
On August 2, 2014, Dave Hernandez shot Russell Price in the face in
Rocky Ford, Colorado.

130.
Mr. Price ran to a neighbors house and called the police.
131.
When Officer Ashby responded to the call, Mr. Price ran towards him,
covering his gunshot wound with his left hand and trying to flag down the police vehicle
with his right hand.
132.
Officer Ashby exited his police car, drew his service weapon, and pointed
it at Mr. Price from approximately forty feet away.

133.
Officer Ashby approached Mr. Price, while keeping the gun aimed at him,
patted him down, and then put the gun to Mr. Prices head. Officer Ashby pushed Mr.
Prices head with his gun, guiding him down to the curb.
134.
When Mr. Price asked Officer Ashby why he was treating him like a
dangerous suspect, Officer Ashby told Mr. Price to shut the fuck up or I will put another
bullet in your head.
21
135.
When the ambulance arrived for Mr. Price, Officer Ashby told the
paramedics to just leave him here.

136.
Mr. Price later filed a written complaint about Officer Ashbys conduct, and
his threat to use deadly force in response to a verbal complaint.

137.
Mr. Price was later told that Officer Ashbys conduct was accepted
practice because Officer Ashby could not determine whether Mr. Price was the victim
or the suspect.
138.
However, prior to putting his gun to Mr. Prices head and threatening to
put a bullet in it, Officer Ashby had already observed Mr. Prices gunshot wound, been
told by Mr. Price that he had been shot, and patted down Mr. Price for weapons.
139.
There was no lawful reason for Officer Ashby to put his gun on Mr. Prices
head and threaten to put a bullet in it.

140.
This failure of Rocky Ford and Chief Gallegos to properly discipline Officer
Ashby directly violated RFPD policy, which stated that [n]o employee shall display or
brandish any weapon as a threat unless its actual use is proper in the situation.
141.
Officer Ashby was never interviewed by anyone from the RFPD about this
incident, nor was he disciplined.

Victor Lopez Incident
142.
On September 26, 2014, Officer Ashby pulled over Victor Lopez for failing
to yield to oncoming traffic.

143.
Although this was a routine stop, Officer Ashby unnecessarily escalated
the situation and used profane language, despite the presence of Mr. Lopezs juvenile
son.
22
144.
When Mr. Lopez stated that he would complain about Officer Ashbys
behavior, Officer Ashby responded that he did not give a shit and that he would not
play small town bullshit games.
145.
After Mr. Lopez complained about the incident, Officer Ashby was given a
written warning for violating the RFPD code of conduct. Specifically, Officer Ashby was
found to have violated the policy prohibiting officers from using profane or insolent
language to any citizen.
Jeremiah Ramsey and William Starks Incident
146.
On October 4, 2014, eight days before he fatally shot Mr. Jacquez, Officer
Ashby responded to a call concerning a disturbance at Smiths Pub in Rocky Ford.

147.
Officer Ashby learned that a male suspect had left Smiths Pub but was
apparently on his way to the food truck at the intersection of 10th and Elm Avenue.
148.
Officer Ashby headed over to the food truck. On his way, he advised
dispatch: Im gonna be out at the Taco Truck with that party fighting somebody.
149.
At the food truck, Officer Ashby made contact with Mr. Ramsey and Mr.
Starks. Although he had no probable cause to arrest either man, Officer Ashby placed
Mr. Starks in handcuffs.
150.
After Mr. Starks was in handcuffs, Officer Ashby pepper sprayed Mr.
Starks in the face for no apparent reason, similar to his use of pepper spray in the
Walsenburg incident involving Mr. Martinez and portending his use of pepper spray
against Mr. Jacquez two days later.
151.
After being pepper sprayed, Mr. Starks attempted to run away.
23
152.
As Mr. Starks was running away, Officer Timothy Moore arrived on scene
to assist Officer Ashby.

153.
Recognizing the futility of his actions, Mr. Starks surrendered by lying
down in the street. Officer Ashby went over to Mr. Starks, held him down on the
ground, and kneed him in the back, cracking one of his ribs.
154.
Officer Moore placed Mr. Starks in his police vehicle and drove him to the
police station.
155.
Meanwhile, with respect to Mr. Ramsey, Officer Ashby arrested him for
driving under the influence (DUI), even though there was no evidence that Mr.
Ramsey had been driving. Officer Ashby drove Mr. Ramsey to the police station, and
put him in a holding cell next to Mr. Starks cell.
156.
Officer Ashby called Mr. Ramsey a worthless chromo who didnt deserve
to breath his air, and that he did not serve in the military for individuals like Mr.
Ramsey. Officer Ashby also told Mr. Ramsey that he should exercise his right to shut
the fuck up.
157.
In the holding cell, Officer Ashby ordered that Mr. Ramsey remove his
shoes. When Mr. Ramsey questioned the necessity of removing his shoes, Officer
Ashby reacted to this question with a show of extreme force. Officer Ashby tackled Mr.
Ramsey over the bench and slammed Mr. Ramseys head into the concrete floor.
Officer Ashby then painfully yanked Mr. Ramsey up by the handcuffs and shackled him
to the bench.
158.
Officer Ashby left Mr. Ramsey handcuffed to the bench for almost three
hours.
24
159.
Officer Ashby rejected Mr. Ramseys request for medical attention.
160.
Mr. Ramsey then requested to call the chief of police. Officer Ashby re-
entered the cell, tackled him a second time, stomped on his foot, and choked him.
161.
Officer Ashby then forced Mr. Ramsey to lie handcuffed on the floor in a
pool of someone elses vomit.

162.
As a result of Officer Ashbys abuse, Mr. Ramsey suffered the following
injuries: a welt on his head, a broken toe, contusions, and sore wrists.
163.
On October 6, 2014, Mr. Ramsey filed an excessive force complaint
against Officer Ashby.

164.
On October 10, 2016, the Bent County Sheriffs Department initiated an
investigation into the allegations by Mr. Ramsey.

165.
The Bent County Sheriffs Department is within Colorados 16th Judicial
District.
166.
RFPD policy provides that [w]hen an Officer, while in the line of duty, kills
or seriously wounds a person such an incident shall be investigated by or under the

direction of the District Attorney of the 16th Judicial District. The Officer will be
suspended immediately, with pay, pending disposition of the District Attorneys
investigation and the findings of the Chief of Police.
167.
Officer Ashby was not suspended or put on administrative leave after the
investigation into his abuse of Mr. Ramsey and Mr. Starks commenced.
168.
Similarly, Officer Ashby was not suspended or put on administrative leave
after shooting Mr. Jacquez. Rather, he was terminated only after the arrest affidavit
was issued.
25
169.
The Bent County Sheriffs Department investigator concluded that Officer
Ashby had arrested Mr. Ramsey and Mr. Starks without probable cause and clearly
violated their constitutional right to be free from unreasonable seizures.
170.
The investigation noted that neither officer Ashby or Moore [had] seen
Jeremiah Ramsey drive a motor vehicle nor did they have probable cause to affect an
arrest of Jeremiah Ramsey.
171.
Officer Ashbys unlawful arrest of Mr. Starks through the use of force
closely resembles his attempt to seize Mr. Jacquez for no lawful reason.
172.
The investigation also concluded that Officer Ashby made derogatory
statements to Mr. Ramsey.

173.
When asked about the verbal altercation between Mr. Ramsey and Officer
Ashby, Officer Moore stated he knew it was a policy violation for Officer Ashby to tell Mr.
Ramsey to sit down and shut the fuck up, but that Officer Moore and Ashbys
supervisors cuss at people too.
174.
The written investigative report concluded that:
For the foregoing reasons, I deem both Rocky Ford Officers Moore and
Ashby acted recklessly and unprofessional. There are multiple Colorado
State and federal violations on the part of both officers. I will be referring
the case to the 16th judicial district for possible criminal charges.
175.
The investigation further concluded the following:
Based on the information obtained through interviews with all witnesses and
the complainant Jeremiah Ramsey, I find that . . . James Ashby is in
violation of Unbecoming of an Officer, criminal violation of false arrest and
or kidnapping and harassment. No probable cause was established to
affect an arrest however circumstances reveal that there was probable
cause to investigate what may have been a dispute between two
individuals, however no probable cause was established to affect an arrest
on either subject, Billy Starks and Jeremiah Ramsey. Both were arrested
on frivolous charges. Billy Starks was charged with obstructing. Neither,
26
Officer Ashby or Moore wrote a report supporting any elements of

obstructing to charge Starks. Jeremiah Ramsey was arrested and charged
with DUI and other traffic offenses. No information supported the arrest of
Ramsey. No witness statements were obtained regarding the incident at
the bar nor statements indicating he was driving. Officers Ashby and Moore
did not see Jeremiah Ramsey drive a motor vehicle and cannot place him
in a vehicle.
176.
Based on Officer Ashbys multiple instances of excessive force during his
short time as a police officer at the RFPD, Rocky Ford and its final delegated decision
maker(s), including Chief Gallegos, possessed actual knowledge of the obvious and
urgent need for additional training, supervision, and discipline of Officer Ashby.
177.
The acts and omissions described herein by Chief Gallegos and Rocky
Ford in failing to supervise, monitor, discipline and/or train Officer Ashby, in light of the
obvious likelihood of injuries to persons of the public, constitute a reckless and
deliberate indifference to the constitutional rights of the citizens of Rocky Ford and to
Mr. Jacquez.
V.STATEMENT OF CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
42 U.S.C. 1983 Fourth Amendment Though Fourteenth Amendment
Deadly Force
(Against Defendant Ashby)
178.
Plaintiffs hereby incorporate all other paragraphs of this Complaint as if
fully set forth herein.

179.
At all times relevant to this claim, Defendant Ashby was acting under the
color of state law in his capacity as a Rocky Ford law enforcement officer.
180.
The decedent Mr. Jacquez had a clearly established constitutional right
under the Fourth Amendment to the United States to be secure in his person against
unreasonable seizures through excessive force, including excessive deadly force.
27
181.
At all times relevant to this claim, it was clearly established that law
enforcement officers cannot use deadly force against a suspect where a reasonable
officer on the scene would not have found probable cause to believe there was a threat
of serious physical harm to him or others.
182.
Any reasonable law enforcement officer knew or should have known of
these clearly established rights at the time of Mr. Jacquezs death.

183.
Mr. Jacquez did not pose an actual or imminent threat of serious physical
harm to Defendant Ashby or others when Defendant Ashby fired his fatal shot. Mr.
Jacquez was shot in the back from a distance of at least four feet, he was unarmed, and
he was moving away from Defendant Ashby.
184.
It was not objectively reasonable to shoot Mr. Jacquez. Defendant Ashby
had no objectively reasonable belief that Mr. Jacquez posed an actual and imminent
threat to himself or others when Defendant Ashby shot him.
185.
Defendant Ashby knew that the bullet he fired into Mr. Jacquezs back was
certain to cause Mr. Jacquezs death.

186.
To the extent that Defendant Ashby reasonably felt any danger of serious
physical harm, he created that danger and thus the need for deadly force through his
own reckless and deliberate conduct that immediately preceded his use of excessive
deadly force.
187.
By trailing Mr. Jacquez without reasonable suspicion or probable cause,
attempting to seize him without probable cause, and following him into the Jacquez
family home, Defendant Ashby was solely responsible for any danger the situation
presented.
28
188.
Defendant Ashbys actions, as described herein, were undertaken
intentionally, maliciously, willfully, wantonly, and/or in reckless disregard of Mr.

Jacquezs federally protected rights.
189.
Officer Ashby engaged in the acts and omissions described herein
pursuant to the customs, policies, procedures, and practices of Rocky Ford, which
encouraged, tolerated, and ratified the use of deadly excessive force and deprivation of
constitutionally protected interests by law enforcement officers.
190.
The acts or omissions of Defendant Ashby were a legal and proximate
cause of Mr. Jacquezs death and Plaintiffs damages.

191.
Defendant Ashbys actions caused Mr. Jacquez damages in that he
suffered extreme physical and mental pain as a result of being shot in the back.
192.
As a result of Defendant Ashbys unlawful actions as described above, Mr.
Jacquezs Estate and heirs have suffered actual physical, emotional, and economic
injuries in amounts to be determined at trial.
193.
These damages include lost future earnings, earnings capacity, and
related economic loss from Mr. Jacquezs life being cut short at the age of 27. Plaintiffs
have been and continue to be damaged by Defendant Ashbys use of deadly force.
SECOND CLAIM FOR RELIEF
42 U.S.C. 1983 Fourth Amendment Through Fourteenth Amendment
Excessive Force
(Against Defendant Ashby)
194.

195.
At all times relevant to this claim, Officer Ashby was acting under color of
state law in his capacity as a Rocky Ford law enforcement officer.
29
196.
Mr. Jacquez had a clearly established constitutional right under the Fourth
Amendment to the United States Constitution to be secure in his person against

unreasonable seizures through excessive force.
197.
Any reasonable law enforcement officer knew or should have known of
this clearly established right.

198.
Prior to using deadly force as alleged in the First Claim for Relief, Officer
Ashby used force that was objectively unreasonable in light of the facts and
circumstances confronting him by deploying his pepper spray at Mr. Jacquez and
attempting to wrestle Mr. Jacquez to the ground, violating Mr. Jacquezs Fourth
Amendment right to be free from excessive force.
199.
Officer Ashbys actions, as described herein, were undertaken
intentionally, maliciously, willfully, wantonly, and/or in reckless disregard of Mr.

Jacquezs federally protected rights.
200.
Officer Ashby engaged in the acts and omissions described herein
pursuant to the customs, policies, procedures, and practices of Rocky Ford, which
encouraged, tolerated, and ratified the use of non-deadly excessive force and
deprivation of constitutionally protected interests by law enforcement officers.
201.
The acts or omissions of Defendant Ashby were a legal and proximate
cause of Mr. Jacquez Estates damages.

202.
As a direct result of Officer Ashbys unlawful use of non-deadly excessive
force, Mr. Jacquezs Estate suffered damages in an amount to be proven at trial.
30
THIRD CLAIM FOR RELIEF

Deliberately Indifferent Hiring
(Against Defendant Gallegos and Defendant Rocky Ford)
203.

204.
At all times relevant to this claim, Defendant RFPD Chief Frank Gallegos
was acting under the color of state law in his capacity as a law enforcement officer.
205.
Defendant Chief Gallegos was the final decisionmaker for Defendant
Rocky Ford with regard to hiring RFPD law enforcement officers, including Officer
Ashby.
206.
Defendant Chief Gallegoss decision to hire Officer Ashby was made
without adequate scrutiny of his background.

207.
Defendant Chief Gallegoss failure to make reasonable inquiries when
apprised by WPD Chief McLallan that Officer Ashby had been the subject of several
internal affairs investigations and was ineligible for rehire.
208.
Defendant Chief Gallegos had actual or constructive notice of the need for
additional background investigation into Officer Ashby, yet failed to undertake such
investigation.
209.
Rocky Ford City Manager Kaiser has stated that Defendant Rocky Ford
did not vet new hires on its police force prior to Mr. Jacquezs death.
210.
Adequate scrutiny of Officer Ashbys background would have led a
reasonable policymaker to conclude that the plainly obvious consequence of the

decision to hire him would be the deprivation of a third partys federally protected rights.
31
211.
By hiring Officer Ashby without adequate scrutiny, Defendant Chief
Gallegos set in motion a series of acts by which they should have known or reasonably
should have known would result in constitutional injury.
212.
The acts and omissions of Defendant Chief Gallegos, including the failure
to adequately screen Officer Ashby before hiring him, were a legal and proximate cause
of Mr. Jacquezs injuries (including death), and Plaintiffs damages.
213.
As a direct result of Defendant Chief Gallegoss unlawful actions as
described above, Plaintiffs have suffered actual physical, emotional, and economic
injuries in an amount to be proven at trial.
FOURTH CLAIM FOR RELIEF
Deliberately Indifferent Policies, Practices, Customs, Training, Supervision, and
Ratification
(Against Defendant Rocky Ford)
214.
fully stated herein.

215.
At all times relevant to this claim, Defendant Rocky Ford failed to properly
train, supervise, monitor and discipline employees regarding use of excessive force
(including deadly force), and unlawful entry.
216.
At all times relevant to this claim, Defendant Rocky Ford maintained
policies, customs, and practices of failing to properly train, supervise and discipline its
officers in a manner amounting to deliberate indifference with respect to excessive force
(including deadly force) and unlawful entry, including with respect to obviously recurring
situations faced by police such as police-citizen encounters and determining whether
there exists probable cause to effectuate a seizure or enter a residence.
32
217.
Defendant Rocky Fords policies, customs, and practices, and failure to
properly train, supervise and/or discipline its officers included the failure to train officers
on avoiding the reckless and deliberate creation of the need to use force.
218.
Defendant Ashbys use of force arose under circumstances that constitute
a usual and recurring situation with which police officers must deal, particularly
interacting with the public while on patrol.
219.
The constitutional violations against and harming of decedent Jack J.
Jacquez were a foreseeable consequence of Defendant Rocky Fords actions and

inactions.
220.
Defendant Rocky Ford was deliberately indifferent to the constitutional
rights of its citizens, knowing that Officer Ashby presented a danger to them, by failing
to properly train, supervise, and discipline Officer Ashby with respect to the use of
excessive force. Defendant Rocky Ford could have and should have pursued
reasonable methods of training, monitoring, supervising, and disciplining its employees,
including Officer Ashby. Instead, Defendant Rocky Ford failed to provide Officer Ashby
with any training and did not discipline him for using excessive force.
221.
Defendant Rocky Fords policies, customs, and/or practices and failure to
properly train and supervise its employees, including Officer Ashby, were the moving
force and proximate cause of the violation of decedent Jack J. Jacquezs constitutional
rights.
222.
Defendant Rocky Fords acts or omissions caused Plaintiffs damages.
33
223.
Defendant Rocky Fords acts or omissions as described herein deprived
Plaintiffs of the rights, privileges, liberties, and immunities secured by the Constitution of
the United States of America, and caused them other damages.
FIFTH CLAIM FOR RELIEF
42 U.S.C. 1983 Unlawful entry
Fourth and Fourteenth Amendments
(Viola Jacquez and Maria Talmich Against All Defendants)
224.
Plaintiffs hereby incorporate all other paragraphs of this complaint as if
fully stated herein.

225.
Plaintiffs Viola Jacquez and Maria Talmich had a constitutionally protected
right to be secure in their persons against unreasonable intrusions into and searches of
their residence (the Jacquez residence).
226.
Defendant Ashby entered the Jacquez residence without permission or
consent.
227.
Defendant Ashby had no warrant authorizing a search or entry of the
Jacquez residence.
228.
No legally recognizable exigent circumstances existed which would have
permitted Defendant Ashbys warrantless entry of the Jacquez residence.

229.
No person consented to permit Defendant Ashby to enter the Jacquez
residence.
230.
Defendant Ashbys conduct violated clearly established rights belonging to
Ms. Jacquez and Ms. Talmich of which reasonable law enforcement officers knew or
should have known.
34
231.
Defendant Rocky Ford and Defendant Chief Gallegos failed to properly
hire, train, supervise and/or discipline members of its law enforcement regarding issues
of constitutionally permissible entry into a residence.
232.
This inadequate hiring, training, supervision, and/or discipline resulted
from a conscious or deliberate choice to follow a course of action from among various
alternatives available to the Defendant Rocky Ford and Defendant Chief Gallegos.
233.
Such failure to properly hire, train, supervise, and/or discipline was the
moving force behind and proximate cause of Defendant Ashbys unlawful entry into the
Jacquez residence, and constitutes an unconstitutional policy, procedure, custom
and/or practice.
234.
As a direct and proximate cause of Defendants violation of Ms. Jacquez
and Ms. Talmichs rights under the Fourth and Fourteenth Amendments, Ms. Jacquez
and Ms. Talmich suffered injuries in an amount to be proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in
their favor and against each of the Defendants, and award them all relief allowed by
law, including but not limited to the following:
A.
All appropriate relief at law and equity;
B.
Declaratory relief and other appropriate equitable relief;
C.
Economic losses on all claims as allowed by law;
D.
Compensatory and consequential damages, including damages for

emotional distress, humiliation, loss of enjoyment of life, and other pain and
35
suffering on all claims allowed by law in an amount to be determined at

trial;
E.
Punitive damages on all claims allowed by law and in an amount to be

determined at trial;
F.
Attorneys fees and the costs associated with this action under 42 U.S.C.
1988, including expert witness fees, on all claims allowed by law;
G.
Pre-and post-judgment interest at the lawful rate; and
H.
Any other appropriate relief at law and equity that this court deems just and
proper.
PLAINTIFFS HEREBY DEMAND A JURY TRIAL ON ALL ISSUES SO TRIABLE

RATHOD MOHAMEDBHAI LLC
s/ Qusair Mohamedbhai
Qusair Mohamedbhai
Matthew J. Cron
Max D. Hellman
2701 Lawrence Street, Suite 100
Denver, CO 80205
(303) 578-4400 (phone)
(303) 578-4401 (facsimile)
qm@rmlawyers.com
mc@rmlawyers.com
mh@rmlawywers.com
Attorneys for Plaintiffs
FUICELLI & LEE, P.C.
s/_John G. Lee
John G Lee, III
Amanda Cari Francis
1731 Gilpin St
Denver, CO 80218
(303) 355-7202 (phone)
(303) 355-7208 (facsimile)
john@fuicellilee.com
36
Koncilja & Koncilja, P.C

s/_Joseph A. Koncilja
Joseph A. Koncilja
Tim OShea
Steve Cornetta
125 W. B St.
Pueblo, CO 81003
719-543-9591 (Phone)
719-543-0247 (Fax)
criminal@konciljaandkoncilja.com
37

Estate of Jack Jacquez v. City of Rocky Ford

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Estate of Jack Jacquez v. City of Rocky Ford

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Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 1 of 37

IN THE UNITED STATES DISTRICT COURT

COMPLAINT AND JURY DEMAND

There is currently a motion pending in probate court to substitute Christopher Marchase of

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 2 of 37

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 3 of 37

and is brought pursuant to 42 U.S.C. 1983. Jurisdiction is conferred on this Court

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 4 of 37

The decedent, Jack J. Jacquez, was a citizen of the United States of

America and a resident of the State of Colorado.

Plaintiff Mariah Talmich, personal representative of the estate of Jack J.

State of Colorado. Ms. Jacquez is also the mother of Jack J. Jacquez.

Defendant City of Rocky Ford is a Colorado municipality. Defendant

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 5 of 37

Mr. Jacquez was born on December 23, 1986 in La Junta, Colorado to

parents Viola Jacquez and Jack Jacquez.

maintained close relationships with his siblings.

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 6 of 37

At the age of nineteen, Mr. Jacquez received his GED certificate. He

enrolled at Otero Junior College where he took classes in automotive mechanics.

In July of 2013, he began dating Ms. Talmich, an attendant at a nursing

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 7 of 37

Meanwhile, Officer Ashby was on routine patrol traveling westbound on

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 8 of 37

For no apparent or justifiable reason, Officer Ashby followed Mr. Jacquez

Mr. Jacquez, frightened from being approached by this unknown person in

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 9 of 37

O.C. pepper spray on Mr. Jacquez.

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 10 of 37

towards the living room (away from Officer Ashby).

away from Officer Ashby if he was already moving in that direction.

When questioned by investigators as to why he shot Mr. Jacquez, Officer

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 11 of 37

At no point did Officer Ashby fear (reasonably or unreasonably) that Mr.

Jacquez posed any danger to him.

At no point did Officer Ashby fear (reasonably or unreasonably) that Mr.

Jacquez posed a danger to anyone.

to Officer Ashby or others.

killed Mr. Jacquez.

Ms. Talmich, awakened by the commotion, emerged from the bedroom

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 12 of 37

to go near Mr. Jacquez, who lay dying on the floor.

Cpl. Garrett did not provide medical assistance to Mr. Jacquez.

At that point, medical transport was finally requested.

Medical responders transported Mr. Jacquez to Arkansas Valley Regional

On November 14, 2014, an agent with the Colorado Bureau of

Investigation submitted an arrest affidavit, contending there was probable cause to

An Otero County District Court Judge signed the arrest warrant.

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 13 of 37

convicted Officer Ashby of second degree murder.

Officer Ashby is the first Colorado law enforcement officer convicted of

murder in at least forty years.

He is currently awaiting sentencing.

Officer Ashbys Employment at the Walsenburg Police Department Was Marred

position at a Pueblo K-Mart after a complaint by a co-worker.

numerous citizen complaints and internal affairs investigations, including several

In September of 2009, Officer Ashby made several very vulgar remarks

to a female officer in clear violation of WPDs sexual harassment policy.

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 14 of 37

When Ms. Rousseau expressed her discomfort, Officer Ashby grew

In his own words, Officer Ashby reacted to the alleged punch by

Case 1:16-cv-02519 Document 1 Filed 10/11/16 USDC Colorado Page 15 of 37

Felicia King, Mr. Martinezs girlfriend, tried to come to Mr. Martinezs