conuSker an Deptt ty DENVER a PUBLIC SAFETY cam 9 September 16, 2019 |EPARTMENTAL ORDER OF DISCIPLINARY ACTION ‘Case No. P2019-0032 ‘Samuel Sheppard (P13108) Officer in the Classified Service Denver Police Department This is before the Executive Director of the Department of Safety to approve, disapprove or modify the Chief of Police's Written Command ordering disciplinary action against Officer Samuel Sheppard. The Writen Command determined that Officer Sheppard violated RR-I12.2, Commission of a Deceptive Act, and RR-10S, Conduct Prejudicial of the Denver Police Department Operations Manual when he was not truthful during the fternal investigation into this ‘matter and when he made an unfounded sexual assault claim against the complainant, The Written ‘Command determined that these were Conduct Category F rule violations and imposed a penalty of termination Officer Sheppard fathered a child, born in October 2017, with the complainant inthis case. On ‘April 1, 2018, Officer Shepard reported a sexual assault by the complainant which he alleged led to the conception ofthe child. Officer Shepherd reported that atthe time ofthe incident, he was ‘on prescribed medications when the complainant “entered his house while he was ineapaci and was able to get him aroused.” He reported thatthe complainant “got on top of him” and became pregnant due tothis incident.” The following day, Officer Sheppard admitted under oath at an initial child suppor hearing that he was the biological father ofthe child and didnot mention tha he had been sexually assaulted by the complainant, A order was entered by the cour requiring Officer Sheppard to pay monthly child support. Several days later, Officer Sheppard was imerviewed by a detective with the Sex Crimes Unit wherein he stated that he believed tht the complainant “iook advantage of his altered mental state and the medications that he was taking in order to have sex with tim.” Officer Sheppard related that this was the first ime he and the complainant were intimate and that this incident occurred while he was on leave from the Denver Police Department. The case was presented tothe Denver Distit Attorney's Office and refused forthe filing of criminal charges. During a July 18, 2018 hearing on a Petition for Allocation of Parental Responsibilities, Officer ‘Sheppard testified, “for other reasons that are not known tothe court, I'd prefer not to be around [che complainant) alone” When asked, “and is that he allegation that she raped you?”, Officer Sheppard responded, “Sure. If you'd like to pt it out there, yes itis." Later he testified" feelDEPARTMENTAL ORDER OF DISCIPLINARY ACTION (Case No: P2019-0032 Samuel Sheppard (P13105) Officer in he Classitied Service Denver Poice Department that your client has raped me" and agreed withthe statement of counsel his opinion that their child “was conceived ofa non-consensual sexual encounter.” Officer Shepaard testified thatthe encounter toot place while he was on leave from work. Department records reflect that Officer ‘Sheppard wason leave from November 1, 2016 until November 28, 2016, In January, 2019, the complainant reported a number of concems to Intemal Affairs, including that Officer Skepherd filed false police epor alleging she had sexually assaulted him and that his testimony in the child custody and support hearings was not truthful. The complainant's atiomey provided, vie email, various text exchanges between the complainant and Officer ‘Sheppard, “all of which ace inconsistent with any claim that Mr. Sheppard was assaulted,” The email continue “The rst two sereenshots are from January 26, 2017, the day after the alleged assault. CCorspicuously, Mr. Sheppard does not claim he was assaulted, To the contrary, his concer is whether [the complainant] might have gotten pregnant, which, in fact, she had {the complainant) and Mr. Sheppard continued to see cach other. Mr. Sheppard invied [the complinart] to meet his family at a July 22 pury...Following the party, [the complainant] and Mr. Sheppard spent the night together and had sex, as you can see from the July 23 texts. Thezeafter, their relationship continued to develop, with Mr. Sheppard even atending, one of [the complainants] ultrasounds. Mr. Sheppard's conduct and statements during tis time are entirely inconsistent wie any claim he was sexually assaulted, Infact, Mr. Sheppard did not make such a claim tnt it became clear that he would be Financially responsible for child support. During his interview with Internal Affairs, Officer Shepherd stated thatthe first time he and the complainant were intimate, he was at his home with his door unlocked when the complainant entered his reiidence, went upstairs to his bedroom where he was sleeping and “sexual relations ‘were had.” Officer Sheppard said that he was on leave from the Department during ths incident ‘when the baky was conceived. Officer Sheppard stated thatthe next time they had sex, the complainant was “well on into being pregnant.” When asked why he continued to havea sexual telationship with the complainant ater he felt he was violated, Officer Sheppard stated that he “felt thatthe éamage was already done.” ‘The following text messages document some of the communication between Officer Sheppard (ialcized texts) andthe complainant (non-ialicized texts):DEPARTMENTAL ORDER OF DISCIPLINARY ACTION (Case No: P2019-0032 ‘Samuel Sheppard (P'13105) Officer in the Classified Service Denver Poice Department Bate oO Jan 25,2017 1033 jRSEEeEee, [Jan 25-2007 waz [Thank you for cfs a and for eventing Youre very welcome! Anyine Have a vondertl day Hope tose you agan soon, 1 as js thinking bout fast ht and was wendering you were on sey ope! Bi conta? | Ohno Good marig: Sany7 sant callback ‘get crazy busy. What are You up taday? Spout eave one oor open Wiha re you up Nothing much You? ‘Aimy cousins house | forapary, wanna come Guede thats 2 no Nos nota no. Mr mestient hare ei | ras: a0r7 a8 Tan you for avenhingy Pu appreciate you [ought you were gonna wat fr mofo reach out | Yow ae vary welcome f was good sponding time wi you orgot FYI Tim VERY sore because of you Sore? Yeah, trom the serobtis! la ‘Sony - Lenjoyedit ‘Rag 4, 2097 11:98 | Coodmoming ae (Good morring! [was thiking of vou ana "The complainant nsered an eggplant enay hereDEPARTMENTAL ORDER OF DISCIPLINARY Case No: P2018-0032. ‘Samuel Sheppard (P13105) Officer in the Classified Service Denver Police Department STION Tre Tsay Br appreciate that ALOT “Thank you Wat are you upto? ino oom ie | don't ‘are orm playing tis off eit no big del but | ‘aly dont kaow Pow to {el about on Tm strugging to ep up nite right ‘ow and wrap my head around this eal hope you understand ‘nd appreciate my openness, ‘and honesty. To appre your ‘openness and honesty realy do nat does “struggling lo keep up inlet mean? ‘heep ting myso that “mis foo sha pase” but damn, when!? Iovant {obo thre for BOTH (ef yu, but not quite sure hon ‘St dy to day wth tis. Jnury, fami tasues ‘nartialy sinking white the cy continues 0 fuck Sep WT WIT 8S aM ‘Good moming Sood morning How a you seep fatneod opt very wal How abou you? Can you thnk of = more toving name tocalime? Prey good thank you! Nope Fatnosd [Simy term of endearment Fal? Because! eal you such sweet names! ‘aww you co? Love, Babe, Handsome Iimreaty good toyou, actually Yes you re beaut! Talim ting pts "appreciate that youre ‘eying. really need ‘he suppor. Thank you! eld yu was scaredDEPARTMENTAL ORDER OF DISCIPLINARY ACTION. ‘Case No: P2019-0032 ‘Samuel Sheppard (P13105) Offcar in the Classified Service Denver Poice Department [a en a {odo Now that the tine [salmost hore a! ‘can dois fake coro my | ‘responsbites as 3 L ‘REAL man and father ‘pr 20, 2015 TAT | Wy woud my nay at remember things be Concerning. The time period that fia ce was ‘conceived was ane of {he worst moments mye, you lnew ton ‘and now. Yot you si rots over my head. you know tne condition 1 twas inten and you ft Twas capable of making ound dectsens, but row you on? Thats where tee! YOU. ARE MISTAKEN Twas sl! fon my... when we had sex. ‘Meaning thor was no way! ‘could have wor (s)he ‘niform and wihin ploy ‘Dude, the woman im Starbucks thank (st) youor your service ‘because you were In uiform {the compleinant attaches the Jan 28,2017 18:22 AM tex sted above] RR-112.2 Commission of a Deceptive Act In connection wth any investigation or any judicial or administrative proceeding, alices shall not knowingly commit a materially deceptive ac, Officer Sheppard violated this departmental rule when he was not truthful during the intemal inestigation ino this matter. The complainant and Officer Sheppard do not dispute that the fest, time they were intimate resulted in the conception ofthe child. The text messages above clearly show that the complainant was picked up by Officer Sheppard on the evening oftheir fest, inimate encounter. This isin direct contradiction to his contention that she let herself into his hhome while he was incapacitated and sexually assaulted him. The texts also reflect thatthe encounter occurred on January 25, 2017, as opposed to in November 2016 when Officer SheppardDEPARTMENTAL ORDER OF DISCIPLINARY ACTION Case No: P2018-0032 ‘Samuel Steppard (P13105) Officer in the Classified Service Denver Poice Department was on leave fromthe department. The texts from the following day are inconsistent withthe allegation that the complainant forced herself upon Officer Sheppard. Officer Sheppard texted that he “was just txinking about lastnight and was wondering if [he complainant Was] on any type ofbirthcontrcl?” Rather than addres the violation ofthe assault, Officer Sheppard appeared tobe most concerned with the possibilty of a pregnancy resulting from the encounter. Five days afer the incident, Officer Sheppard offered to leave his door open forthe complainant; an offer that is hard to reconcile with the allegation that he was the Victim of asexual assault by the complainant. Moaths later, the texts confirm that the complainant and Officer Sheppard were social and intimate partners, a situation that appears incongruous to an accusation of se from the following moming does not suggest that Officer Sheppard was incapacitated or sexually assaulted, but rather that he had concem about whether the complinant ‘may have become pregnant from the encounter. The texts copied above further discredit Officer Shepperd’s allegation of sexual assault. Five days after the incident, Officer Sheppard offered to leave his door open for the complainant; an offer that is hard o reconcile withthe allegation that he was the vietm ofa sexual assault by the complainant. Monts later, the texts confirm tht the complainant and Officer Sheppard were consensual social and intimate pariners. 14 months after the incident whick resulted in the conception of his chil, Officer Sheppard made hs first report ofthe alleged sextal assault just prior toa child support hearing, The evidence presented isthatDEPARTMENTAL ORDER OF DISCIPLINARY ACTION. (Case No: P2019-0032 ‘Samuel Sheppard (P13105) Officer in the Classified Service Denver Police Department Officer Sheppard made an unfounded sexual assault avoid or limit his Financial obligations. against the complainant seemingly to ‘A violation of RR-105 appears in Conduct Categories A through F of the disciplinary mati. In analyzing the misconduct to determine the appropriate Conduct Category, Section 15.0 of the Discipline Hendbook requires the following considerations: ‘The general nature of the misconduct in this case is that Officer Sheppard made false claim ofa criminal violation of sexual assault agains the mother of his eild and ‘was not truthful during his internal affairs interview about his allegation. I is inconsistent with an officer's sworn duty to uphold the lw for an officer to make an tunirve csim of criminal violation and then persis in that urruthfulness in his internal ffir inerview, (See See. 15.1.1) ‘= The mission statement forthe Department avows “(0 deliver high quality public safety services soall people may shar a safe and healthy environment.” To achieve itsmission, the vision statement aims “to promote professional, well-trained, ethical and accountable employees”. To accomplish its mission, the Department values, among other qualities, imegrity, accountability and respect. Officer Sheppard's ations detailed above in which he made's false claim ofa sexual assault are unprofessional, unethical and contrary 10 the missin, vision and values ofthe Department. (See Sec. 15.1.2) ‘+ The miscenduct described above resulted in the assignment of departmental resources to vestigate and review the complainants allegation that Officer Sheppard claimed he was sssaulted in an apparent attempt to avoid his financial obligations to the child, ‘The impropriety ofthe misconduct outlined above i properly characterized as unethical (Gee See 15.1.7) “The public demands, and the Department expects that officers hold themselves to a high standard ‘of conduct, By making an unfounded sexual assault claim against the complainant, Officer Sheppard's misconduct appropriately is categorized as a Category F violation because it “constitutes a will and wanton disregard of Department values ...] demonstrates a serious lack ofthe integrity, ethies, or character related to an officer's fitness o hold the positionof police officer [, and} imolves egregious misconduct substantially contrary tothe standards 0° conduct reasonably expected of one whose sworn duty i to uphold the Isw.", Pursuant othe disciplinary matrix, fora Conduct Category F, discipline level eight (8) violation, the mitigated penalty is ninety (90) days suspension, and the presumpive penalty is termination, ‘There are no significant mitigating factors in this cae that would justify a penalty ousie of theDEPARTMENTAL ORDER OF DISCIPLINARY ACTION Case No: P2019-0032 ‘Samuel Sheppard (P13105) Officer in the Ciassitied Service Denver Poice Department presumptive range and therefore, the presumptive penalty of termination is appropriate. ‘Accordingly, the Written Command is approved. Pursuant to Denver City Charter § 94.15(A), Officer Sheppard has ten (10) days from receipt OF this Order to file an appeal with the Civil Service Commission. “ a S620 Leyla " ommeensrer hereby centify that I received the within Departmental Order of Disciplinary Action and hove delivered a tru copy thereof to the within-named Samuel Sheppard this $f day of September 2019. (the A hes Tuckic O43 Printed Name