The former mayor of Windsor is suing two Timnath police officers, accusing them of excessive force from an arrest last year.

Now one of the officers has resigned.

John Vazquez's complaint in federal court says that officers Forrest Andersen and Andrew Tope used “warrantless seizure and arrest,” excessive force, unlawful search, malicious prosecution and retaliation for exercising First Amendment rights, in an incident on Oct. 7, 2017.

He alleges that he was antagonized and thrown over the hood of a police vehicle in the incident, which ultimately led to Vazquez's arrest.

A jury acquitted Vazquez in May, when he went to trial to face allegations of third-degree assault and obstructing a peace officer.

An internal investigation into the officers' actions is ongoing, but Andersen resigned Tuesday.

Timnath Town Manager April Getchius said Andersen resigned voluntarily and not because of the internal review. Andersen was placed on paid administrative leave at the start of the investigation on Sept. 5, pending its results, per agency protocol. Tope was not placed on administrative leave.

In an email to the Coloradoan on Wednesday afternoon, Getchius said the town and the police department understand the importance of the public’s trust in its police.

“Every complaint, regardless of who files it, is taken seriously,” she said. “We expect all Timnath police officers to adhere to the highest ethical standards and behavior. It is their sworn duty to protect and serve all members of the Timnath community."

According to a town statement, the allegations made by Vazquez are not proven facts.

Vazquez declined to make any comments in an interview and directed calls to Loveland attorney Sarah Schielke.

The incident

Schielke said in an interview that the initial incident began when Vazquez decided to walk home from a Fort Collins restaurant where he and his family were dining after he became "frustrated with the service."

Vazquez saw Andersen sitting in a parked patrol vehicle while walking near the 6600 block of East Harmony Road and asked for a ride. According to the complaint, Andersen ignored Vazquez's request — he was conducting DUI stops — so the former Windsor mayor continued walking east.

Tope later announced over his radio that he was going to contact someone matching Vazquez's description down the road, so Andersen went to meet him.

The complaint says Tope pulled up in his marked car, turned on his lights and yelled at Vazquez to stop walking and talk to him. Vazquez did as asked, and after Andersen arrived, the officer "jumped out of his car and took over the encounter."

Andersen interrogated and antagonized Vazquez, after which Vazquez reportedly told him he was feeling harassed, according to the complaint.

"Mr. Vazquez told Defendant Andersen that he was being rude and abusing his authority as an officer," the complaint alleges.

Vazquez then told the officers he was the former mayor of Windsor and friends with the Windsor police chief.

The exchange continued, the complaint states, with Vazquez calling Andersen a bully and Andersen allegedly "sneering” at him and telling him that police cars aren't a taxi service. After Vazquez began talking to the officer in a mocking tone, Andersen grabbed Vazquez's arm and twisted it, and then put him in handcuffs and told Vazquez he was under arrest.

"This was an excessive force upon someone for whom there was no probable cause to arrest," according to the complaint. "It startled and terrified Mr. Vazquez. It also caused him to experience acute physical pain, which Defendant Andersen himself acknowledged (under oath in court) is to be expected with that maneuver."

The complaint alleges that when Andersen told Vazquez he was going to jail, both Vazquez and Tope asked for what reason.

The complaint says excessive force continued when Andersen slammed Vazquez over the hood of the patrol vehicle at least twice.

Vazquez pleaded for Tope’s assistance, but the complaint says Tope continued to help his partner “while simultaneously pretending to look off in the other direction so Defendant Andersen could continue his unchecked assault on Mr. Vazquez."

The lawsuit alleges further excessive force that left Vazquez “terrified he would soon be killed.” Andersen told deputies at the jail that Vazquez was uncooperative, despite reportedly testifying to the contrary in trial, according to the complaint.

Vazquez was initially charged with second-degree assault on a peace officer and was only able to bond out of jail three days later. The Larimer County District Attorney’s Office later added charges of resisting arrest and obstructing a peace officer, according to the lawsuit, but Vazquez declined a plea deal. Court records show his assault charge, a felony, was amended to third-degree assault, a misdemeanor. The resisting arrest charge was dismissed prior to trial.

The Coloradoan has requested arrest documents and incident reports.

What's next

The complaint lists “enormous expense,” psychological trauma, physical harm, embarrassment and emotional anguish as some of the results of the arrest and trial on Vazquez. It also cites his coming to “grips with the reality that his political career and aspirations — regardless of trial outcome — were now destroyed.”

“The fact that the jury did not believe Defendant Andersen’s lies does little to undo the damage that those lies and his physical assaults had already done,” the lawsuit states.

In addition to financial detriment as well as pain and trauma, the lawsuit states that Vazquez is now afraid to even drive through the town of Timnath.

Vazquez requested attorney fees and other financial compensation in the lawsuit.

Schielke said her client also would have liked to see the two officers fired and that the town police implement body-worn cameras and vehicle dashboard cameras.

According to Timnath’s statement, the town had already budgeted for body-worn cameras for 2019.

“One of (Vazquez’s) main objectives in this filing this suit is so that this doesn’t happen to anybody else. … He wants to try to turn this into some kind of improvement in the community,” Schielke said.

The town statement referenced a citizen survey in which residents ranked public safety as their highest priority.

“We want our officers to be a positive part of our community and highly regarded as great role models through their interactions in the town, with our neighbors, residents, visitors, and schools, and create and maintain the environment of trust we strive to build and sustain for our community,” it stated.

The police department does not have a date for when the investigation is expected to conclude, Getchius said.

The town's insurance company will provide legal representation for both the officers named in the lawsuit. Timnath's response is due to the court in Dec. 17.

Reporter Saja Hindi covers public safety, courts and accountability. Follow her on Twitter @BySajaHindi or email her at shindi@coloradoan.com.