Rocky Ford Fire Chief Responds to 2022 Body Cam Altercation

Description: Rocky Ford Fire Chief Ray Gonzales and Rocky Ford City Attorney Nathan Schultz Respond to 2022 Body Cam Footage...

Rocky Ford Fire Chief & City Attorney Respond to 2022 Bodycam Altercation

In regards to the body cam footage you are referring to I wanted to provide you a written response to the incident in question. Neither myself nor one of my firefighters assaulted anyone at a scene on April 7, 2022. The fire was approximately 2 years ago, and the video you reference was publicly available 2 years ago and shared with other law enforcement agencies in the lower Arkansas Valley. The video depicts a certified fire protection officer securing an active fire scene after an able-bodied person refused the directive of a law enforcement officer to exit the fire perimeter that was prescribed in accordance with all applicable rules, regulations and law and then failed to abide by a legal and lawful directive of the fire chief.

To date, in accordance with 8 CCR 1507-3 Section 7.1, the Division, in accordance with the Administrative Procedures Act, C.R.S. 24-4-101, et seq., has never denied any certificate or refused to renew my certificate because of how the fire scene was secured on April 7, 2022. The alleged actions did not violate Section 7.1.2 because the method and manner in securing the fire scene was not "Good cause for disciplinary action." The video has been provided to you because the "viewer" is actively seeking my removal as Fire Chief for personal reasons that do not pertain to the April 7, 2022 fire scene.

If the Colorado Fire Service Training and Certification Advisory Board had found that grounds existed for the denial, revocation, suspension, annulment, limitation, or modification of certification of any fire service personnel, action would have been taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, C.R.S. et seq. However, for almost two years, the Advisory Board has not informed me that it was anticipating taking any action against my certification.

As the Fire Chief, on the night of the fire on April 7, 2022, I was the officer in charge at a fire scene, for which the Fire Department had a responsibility. In a rural jurisdiction it is common for a Fire Chief to be on structure fire scenes. In accordance with Section 2-6-50 of the City of Rocky Ford's municipal code, the fire chief has the full and complete police power and authority at all fires. The Chief of Police and all members of the Police Department present shall be subject to the fire chief's orders at fires and shall cooperate with him in the maintenance of order and safety. As the fire chief, I may prescribe limits at fires within which no person shall be permitted except by my orders. In accordance with Section 2-6-40(b) of the City of Rocky Ford Municipal Code, I had the authority to order the scene cleared of persons so that the Fire Department should not be hampered or obstructed in the performance of our duties. I determined that the home-owner was an able-bodied person who first refused to obey the directive/order of the police officer on scene, and then refused my summons and who was creating a potential threat to myself, the police and the other fire fighters on duty. It is unlawful for any person to fail or refuse to obey any order of the Fire Department officer in charge, and such home-owner would have been liable to penalties contained in the City of Rocky Ford's municipal code.

I met directly with the home owner the next day where we cleared the air. Although I could have had the home owner ticketed for his obstruction and failure to abide by a legal and lawful summons, the matter was resolved cordially and professionally. In the heat of the moment, tempers flare and sometimes words are exchanged. However, at the end of the day, both the home-owner and I understand that we were both trying to do what we thought was necessary to protect the home. There are no pending legal matters pertaining this incident and no member of the Rocky Ford Fire Department has been charged with assault or any other crime.

Professionally submitted,

Nathan Schultz, City Attorney City of Rocky Ford

Ray Gonzales, Fire Chief

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