DENVER (KDVR) — An arrest affidavit for a former Englewood police officer appears to show frustration and a language barrier may have led to an assault during a traffic stop in early October.
According to an arrest affidavit obtained by FOX31, Ryan Fassina, 30, was arrested on charges of second-degree assault, first-degree official misconduct, and third-degree assault for actions related to the Oct. 8 traffic stop.
The incident occurred around 11 p.m., according to the court record. Fassina was on duty and stopped a sedan driven by Carlos Jose Rangel Rincones, 20. The affidavit says Fassina stopped Rangel Rincones because he failed to stop at a stop sign.
When Fassina called the driver and began explaining the reason for the traffic stop, Rangel-Rincones interrupted him in Spanish, which led to some arguing as the pair tried to understand each other, the affidavit says.
Fassina asked Rangel-Rincones for his driver’s license, and eventually for his keys, in broken Spanish, which Rangel-Rincones initially refused, then asked why.
At this point, Rangel-Rinconces said he was calm while the officer was violent, the arrest affidavit said. She also said Fassina could be seen wearing gloves, which the affidavit said is usually done with the intent of placing someone in handcuffs, as gloves provide a level of grip that skin to skin does not provide.
After putting on gloves, Fassina went and opened the driver’s door and told Rangel-Rincones to “get out,” and Rangel-Rincones again questioned why the officer was treating him roughly, the affidavit said. Then Fasina began to reach Rangel-Rincones, and the other man withdrew.
The affidavit describes an ongoing brawl between Rangel Rincones and Fassina, with Fassina eventually telling dispatch that he “got one fight.” The body-worn camera footage did not appear to show Rangel Rincon fighting with Fasina, the affidavit said.
The driver told police that at this point “the officer threw himself at him and was violent and aggressive and did not expect anything good to happen.” Rangel-Rincones can be seen on the video saying he did not know why he was stopped.
The officer then pulled out his stun gun, told the driver he was going to use it, and used it just one second later, according to the affidavit.
FOX31 obtained dashcam video footage showing what investigators say was an illegal chokehold, and the Englewood Police Chief said Tuesday the use of force was not justified.
Pictures in the affidavit showed bruises on the driver’s neck.
“This type of behavior is a disgrace to the profession and does not reflect the Englewood Police Department or the people who honorably serve our community,” the chief said during a press conference on Tuesday.
Rangel Rincones filed a complaint with the department a day after the incident, and the officer turned himself in to the Denver Police Department. Additionally, the district attorney’s office said Fassina has been dismissed from his position.