A former Boulder County Sheriff’s Office sergeant was arrested Tuesday and faces charges of third-degree assault and first-degree official misconduct for using a Taser on a restrained inmate.
The arrest of Christopher Mecca, 51, was announced via news releases from both the sheriff’s office and the Boulder County District Attorney’s Office. His actions were described by the sheriff’s office as “violating a number of policies, including departure from his training,” and as “egregious violations of the core mission and values of the sheriff’s office.”
Mecca is accused of deploying the Taser to the leg of the inmate, a 32-year-old Black man from Fayetteville, Arkansas, who was secured in a restraint chair, according to the sheriff’s office. The incident was captured on both body camera and security camera video, according to the DA’s office.
Because of the filing of a criminal case and pending prosecution, the video footage is evidence and cannot be released, the sheriff’s office stated. The DA’s office is responsible for evaluating all applicable legal standards and determining when the body-worn camera footage will be made public, according to the sheriff’s office.
Senate Bill 217, known as “Enhance Law Enforcement Integrity,” that was passed this year includes a mechanism for the release of the video(s), provided the DA's office secures judicial approval for the release, according to the DA’s news release. A defendant has 21 days in which to file a constitutional objection to the release of the video, according to the DA’s office.
There is no indication the excessive force was racially motivated based on victim and witness statements, but the sheriff’s office stated it “will continue to work toward ensuring that anyone who is interacting with our organization, feels safe, no matter their race, color, national origin, religion, sex, disability, age, sexual orientation, gender, or any other status.”
“I am deeply troubled about the unnecessary force used, as it is contrary to the mission, vision, and values of what the sheriff’s office stands for,” Sheriff Joe Pelle stated in the news release. “While former sergeant Mecca’s underlying motivation isn’t known, the unnecessary application of force on a person of color is especially concerning.”
The incident that resulted in Mecca’s arrest took place just after midnight Sept. 23. Mecca was an on-duty supervisor at the jail when two Longmont police officers brought in an uncooperative inmate, according to the sheriff’s office. The inmate, who was arrested on domestic violence charges, was reported to have been intoxicated and physically combative while being arrested and told police during transport he was unsure if he would be cooperative with jail deputies, according to the sheriff’s office release.
The man, who was not identified by the sheriff’s or DA’s offices, was compliant upon arrival but “eventually purposely went limp, buckling at the knees as a means of being passively resistant,” according to the sheriff’s office.
Christopher Mecca (Courtesy photo)“Mecca then drive-stunned the man on his left thigh for five-seconds with a Taser. The Taser utilization was against sheriff’s office policy and was determined to be both an unnecessary and excessive use of force,” according to the sheriff’s office.
Mecca self-reported the incident to the nightshift jail commander and was subsequently suspended from duty and placed on administrative leave, the release stated. Sheriff’s office officials also were made aware of what occurred by Longmont police supervisors and an internal affairs investigation was immediately launched. After a brief review of the initial facts, Pelle ordered a criminal investigation be conducted along with the administrative investigation, according to the release.
A referral to the DA’s office resulted in support for criminally charging Mecca with third-degree assault and official misconduct, according to the sheriff’s office. An affidavit was prepared in support of an arrest warrant, which was later issued by a judge. Mecca surrendered and was booked and released through the Boulder County Jail, the sheriff’s office stated in the release.
Mecca — who resigned Friday in lieu of termination during the disciplinary process — was released on a $1,000 personal recognizance bond, according to the sheriff’s office.
District Attorney Michael Dougherty, in the news release issued by his office, stated, “No one is above the law. I appreciate Sheriff Pelle taking immediate action in response to this incident. When a law enforcement officer is suspected of a crime, there should be an immediate response, a thorough investigation, and a timely decision based on the facts and evidence. That's what happened here. As in every case, the mission of the District Attorney's Office is to seek justice, without fear or favor. That is exactly what we will do in this case."
In determining the appropriate charges, the DA's office stated a felony assault charge “would require a defendant to use a deadly weapon or cause serious bodily injury. Neither is present in this case.”
A "conductive energy device," commonly known as a Taser, “is designed and intended to be used as a non-lethal device and its use in this case does not meet the required definition of a deadly weapon. The minimal injuries present in this case do not meet the legal definition of serious bodily injury,” the DA’s office stated.
“Third-degree assault is defined by statute as knowingly or recklessly causing bodily injury to another person. The victim suffered pain with minimal injury,” according to the DA’s release. The maximum possible sentence for third-degree assault is two years in jail, according to the DA’s office.
The maximum possible sentence for first-degree official misconduct is 364 days in jail.
“First-degree official misconduct is defined as a public servant, with the intent to maliciously cause harm to another, knowingly violating any statute or lawfully adopted rule or regulation relating to his office,” the DA’s office stated.
In this instance, a sheriff’s office policy “specifically prohibits the use of a CED when an inmate is ‘restrained and immobilized, in whole or part, in a restraint chair …,’” according to the DA’s office.
If convicted of one or both charges, state law requires the Colorado Peace Officer Standards and Training Board to permanently revoke Mecca’s peace officer certification, the DA’s office stated.
Numerous law enforcement personnel were present at the time of the alleged assault, according to the DA’s office, which under Senate Bill 217, is required by law to issue a public statement as to whether any officer failed to intervene. From interviews and videos, it was determined no one was aware Mecca planned to use his Taser before he did so, according to the DA’s news release. “The alleged use lasted several seconds and concluded before anyone either realized and/or had an opportunity to intervene,” according to the release.
Mecca was hired by the sheriff’s office in March 2007 as a deputy and was promoted to sergeant in January 2018, according to the sheriff’s office release. He has received several honors during his tenure and has no prior disciplinary record, including any allegations of excessive force, according to the release.
Mecca was aware of the policy that prohibits the use of a Taser on a subject in a restraint chair that had been recently implemented, in part, due to the $400,000 settlement of an excessive force lawsuit filed by Lauren Gotthelf. In the suit filed last year, Gotthelf alleged eight jail employees used excessive force against her in 2017 when they tasered her while she was being placed in a restraint chair.
