Attorneys representing Yellow Scene Magazine have dropped a lawsuit against the city of Boulder over the release of police video footage from an officer-involved shooting last year.
The publication sued in April after attempting to obtain police body camera and dash camera footage from the Dec. 17 shooting of Jeanette Alatorre. Alatorre, 51, was shot and killed by police near the North Boulder Recreation Center, 3170 Broadway, after an interaction with officers where she pulled out a replica BB gun and pointed it at a bystander.
Boulder County District attorney Michael Dougherty ruled in March that the two officers on the scene, Nathan Schultz and Jarrett Mastriona, were justified in believing Alatorre was armed and that officers and bystanders could have been in imminent danger. The officers were not charged in Alatorre’s death.
When Yellow Scene requested police video footage from the shooting, attorneys for the magazine accused the city of not complying with Colorado’s Law Enforcement Integrity Act, which requires police agencies to promptly release unedited video and audio recordings of an incident where there has been a complaint of officer misconduct. Additionally, city officials asked for nearly $3,000 in fees in exchange for releasing the unedited footage. Alatorre’s daughter, Jeannette Orozco, later joined the lawsuit as a plaintiff.
In August, a district court judge ruled in the magazine’s favor, declaring it was not legal under state law for Boulder government officials to charge fees for the mandatory public release of the footage, which Yellow Scene requested under the Integrity Act.
But according to Dan Williams, an attorney representing the magazine, that ruling only addressed one of two claims in the original lawsuit. The magazine did seek a declaration from the court saying that the city’s actions were illegal under state law, and the August ruling provided that.
Additionally, though, Yellow Scene asked the court to compel Boulder officials to release the footage from Alatorre’s shooting. The court had not yet granted that request. Boulder “dragged its feet” on releasing the videos even after the August ruling, Williams said, but officials finally did turn the unedited videos over to Yellow Scene and Orozco.
A court order for Boulder to release the footage became unnecessary since the city had already done so. On Wednesday, Williams and his team filed a motion to drop the open claim in the lawsuit. The attorneys also asked the court to enter a judgment officially stating that the law bars Boulder officials from charging fees for police footage requested under the Integrity Act. A judge granted both requests on Thursday.
“From the beginning, I had hoped Boulder would be a leader in transparency and police accountability, and at every turn, (the city) resisted complying with the state law designed to promote police accountability,” Williams told the Daily Camera. “I hope we get to a point where they turn a page and allow public scrutiny for their police department’s actions, but if not, we will continue to demand that they comply with the law.”
Williams said even though the city ultimately released the Alatorre video footage, Boulder officials have indicated they will likely appeal the court’s judgment. City officials could challenge the finding that it was not legal for the city to charge fees for the footage, though Williams believes the appeal would be unlikely to succeed. The city has 49 days from Thursday, the day the case was dropped, to appeal the decision.
“While the court dismissed the remaining claim to compel the city to produce requested records, the declaratory judgment order that Boulder can’t charge Yellow Scene for document requests under the Law Enforcement Integrity Act remains in place. That order is now appealable. The city is currently evaluating its legal options,” Sarah Huntley, a spokesperson for Boulder, wrote in an email.
Originally Published: November 25, 2024 at 3:40 PM MST
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