UPDATE: CSPD sergeant accused of kicking, choking man
Court documents obtained by KRDO NewsChannel 13 detail an incident that now has a Colorado Springs police officer under arrest.
Sergeant Steven Biscaro is facing charges of misdemeanor third-degree assault and felony menacing.
The charges stem from a Dec. 2, 2015 incident. Police say Biscaro responded to a traffic accident and there was a fight. An investigation into the incident was launched after someone filed a complaint against Biscaro.
According to court documents, an El Paso County sheriff’s deputy was driving to work when he saw a man, Michael Ferguson, lying in the middle of the road near the intersection of Enchanted Circle North and Oro Blanco Drive.
Court papers say the deputy pulled over and while he was speaking with another motorist about the traffic accident, Ferguson became unruly and started throwing rocks at the officer. The deputy detained Ferguson and called for back up. Biscaro responded.
Documents say Ferguson tried to kick out the window of the deputy’s cruiser. The deputy told investigators that Biscaro then opened the door and kicked Ferguson several times.
“Ferguson was ‘sort of lying’ trying to ‘shelter himself’ from the blows that Sgt. Biscaro was delivering,” court documents detail the deputy telling investigators.
Next, the deputy said Biscaro pulled Ferguson out of the car and onto the ground. The deputy said Biscaro placed both his hands around Ferguson’s neck and Ferguson was “trying to “gasp” for air.” At that point, the deputy said he placed his hand on Biscaro’s arm and Biscaro backed off.
According to the documents, Ferguson told investigators that Biscaro said he was going to kill him and Ferguson believed he was going to die.
Biscaro told investigators that he put his hands around Ferguson’s neck to prevent Ferguson from spitting on him. Investigators requested a follow up interview with Biscaro but it was declined by an attorney representing Biscaro.
Biscaro is assigned to the Stetson Hills Division, which covers the northeastern quarter of Colorado Springs. He has been with the department since January 1993.
Biscaro was awarded the Medal of Valor in 2014 according to the Police Foundation of Colorado Springs.
“Any time we must arrest an officer particularly a supervisor an individual who is entrusted with a higher level of responsibility it is a sad day for our department and our profession,” said Police Chief Pete Carey. “I want to ensure the public that this was a thorough and complete investigation conducted in consultation with the District Attorneys’ Office. At this time the criminal prosecution and subsequent administrative processes will take place in order to address these allegations.”
In 2010, Biscaro was one of two officers in a video that was at the center of a lawsuit. The video shows Shawn Hudson stand up in his holding cell, turn his back and put his hands behind him. Then he turns around and takes a step toward the door. Next,Officer Alan Marks fires a stun gun at him. Biscaro accompanies Marks into the cell but did not use his stun gun. A judge later dismissed the charges against Hudson after reviewing the video.
In March of 2015, one of the officers under Biscaro’s supervision was accused of excessive force.
The video of the March 25 traffic stop was taken by Ryan Brown after he and his brother, Benjamin, were pulled over. In the video, Ryan Brown asks why officers pulled them over and makes it clear he is recording. An officer is seen pointing a gun at Ryan Brown from outside the vehicle while Benjamin Brown is handcuffed outside the car. Eventually the officer comes to Ryan Brown’s side of the car and asks him to step out to be checked for weapons. When he doesn’t comply, the officer pulls Ryan Brown out of the car and pins him to the ground.
According to documents obtained by KRDO NewsChannel 13, Biscaro said he didn’t have any problem with how his officer handled the situation
Biscaro was arrested on Wednesday (1/27/16.) He is on paid administrative leave pending the formal filing of charges against him.
