Title click to read article in the Denver Post.
"Officer Wick described Mr. Toups as shrugging his shoulders, bending his arms, flexing and putting his knuckles together near his stomach, at which time both officers took Mr. Toups to the ground, the snow covered ground, and placed him face-first down," Lunders testified, according to court transcripts.
Toups said he was trying to make a call on his cellphone before he was taken away. He said he was under the impression he had a "gentleman's agreement" to stay near the CDOT utility shed, based upon his camaraderie with CDOT employees.
When officers searched his pockets, according to Lunders' testimony, they found "misdemeanor level paraphernalia and marijuana."
The day after Toups' arrest, Lunders testified that Wick suffered a "post traumatic condition or disorder . . . that caused her heart to enlarge after the arrest." Doctors later told her, Lunders testified, "she did not suffer a heart attack and her arteries were in fact good."
Lunders wrote in his report detailing the arrest: "At no time was she (Wick) struck by Toups, nor did he attempt to kick, punch or strike either officer."
Still, Toups is facing charges that he "did forcibly assault, resist, oppose, impede, intimidate and interfere with an officer." Add the illegal camping and marijuana charge, and Toups is facing more than two years in federal prison and $250,000 in fines.