Assault case against Dillon cop tossed out |

Assault case against Dillon cop tossed out

Caddie Nath
Summit Daily News

BRECKENRIDGE – A judge dismissed the case against a Dillon police officer charged with third-degree assault on a local teen Thursday morning, saying there was a violation of pre-trial procedures on the part of the District Attorney’s office.

Dillon policeman Brian Brady was to be tried for allegedly hitting a handcuffed 16-year-old suspect during an arrest in December, according to court documents.

But in discovery – a pre-trial process in which the defense and prosecution are expected to share all the information they have with one another – different versions of a report from a hospital security guard were provided to the defense, causing the court to toss the case.

“We had provided (the) report to the defense, and then the defense got one from the security guard that had an extra paragraph in it,” District Attorney Mark Hurlbert said. “It turns out what we had gotten from the hospital security guard was not (the complete report). The security guard gave the defense the complete report and didn’t tell us.”

Hurlbert said his office was unaware they had not been provided the complete report until Thursday when the judge dismissed the case.

But the defense said the problem was ongoing through pre-trial procedures.

“We have repeatedly had discovery issues with the prosecution,” Brady’s defense attorney Marc Colin said following the dismissal. “We have been asking for documents, recordings, disks, those kinds of things. What we have gotten from the prosecution is different from the information that we were told was out there, and it appears that, at least, information had been taken out of various things before (they were) provided to us.”

The District Attorney’s office will appeal the dismissal decision in district court, Hurlbert said.

“We want this case to be heard on its merits,” he said.

Brady was charged with third-degree assault and official oppression after he allegedly hit a juvenile suspect who was handcuffed and seated in the back seat of a patrol vehicle, causing the teen “bodily injury,” according to charging and court documents.

Brady pleaded not guilty and waived his right to a jury trial. A trial heard by a judge was set to begin Thursday.

The teen Brady allegedly assaulted was, at the time of the incident, under arrest in connection with multiple armed robberies and arson, according to a statement from Dillon police chief Joe Wray.

“During the arrest, the armed subject exhibited violent and combative behavior prior to being taken into custody by officer Brady,” Wray stated in the release.

Wray went on to state that “following the arrest it was alleged officer Brady used excessive force during the arrest. An internal investigation showed officer Brady did not violate any department policies or state laws.”

Court documents also describe a separate incident in February of 2009, when Brady reportedly hit another minor in the head while he, too, was handcuffed in the back seat of a patrol car. There were no charges filed in connection with the first incident, according to Hurlbert.

The names of the both boys have been withheld because they are juveniles.

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