Deputy sued for allegedly putting inmate in chokehold
Officer still being investigated for criminal charges
A former Adams County jail inmate is suing an Adams County sheriff’s deputy, alleging the deputy put the inmate in a chokehold last year for drawing on the wrong kind of paper.
The lawsuit, filed Dec. 8 in
Adams County District Court by Gabriel Sisneros, alleges Deputy Jason Humphrey on Dec. 13, 2022, “flew into an inexplicable rage” at Sisneros while he was in the jail and grabbed Sisneros by the neck, put him in a chokehold and lifted him off the ground by the neck.
Surveillance video that Sisneros’ attorney uploaded online appears to show most of the physical allegations.
The lawsuit seeks a jury trial and awards of a judgment declaring Humphrey’s actions violated the state constitution, compensatory damages including “for future pecuniary and non-pecuniary losses, physical and mental pain, humiliation, fear, anxiety, loss of enjoyment of life, loss of liberty, privacy, and sense of security and individual dignity,” punitive damages and attorney’s fees.
Law enforcement is still conducting a criminal investigation in connection to the incident.
“The degree of civilization in a society can be judged by entering its jails,” Sisneros’ attorney, Cameron Bedard of Frank Law Office LLC, said in an email. “This video reveals the degree of humanity in the Adams County Detention Center. The Adams County deputy placed Mr. Sisneros in a carotid chokehold after viewing several drawings Mr. Sisneros made. During this deputy’s fit of uncontrolled rage, he lifted Mr. Sisneros off the ground for nearly 10 seconds by the neck. Carotid chokeholds are banned in Colorado. They’re extremely dangerous and often fatal.”
According to the lawsuit, Sisneros was walking to a professional visit Dec. 13, 2022, with the drawings when Humphrey stopped him.
Humphrey grabbed the papers out of Sisneros’ hand. The drawings were made on KITE request paper, which jails use for inmate requests to communicate with jail staff members, and Humphrey yelled and told Sisneros he was not allowed to draw on that type of paper, the lawsuit states.
“Sisneros remained calm,” according to the lawsuit. “He did not yell at Defendant Humphrey. He did not threaten Defendant Humphrey. He did not lunge at Defendant Humphrey or do anything to physically respond to Defendant Humphrey’s inexplicable and unjustified actions.”
The lawsuit said Humphrey then gave Sisneros 30 seconds to go back to his cell, and Sisneros asked Humphrey why he was being yelled at.
After what the lawsuit says was only a second or two, Humphrey said “Time’s up,” and grabbed Sisneros by the throat with his hand.
Humphrey then spun Sisneros around and wrapped his arm around Sisneros’ throat, according to the lawsuit, and lifted him into the air by the neck.
The video does not explicitly show Humphrey grabbing Sisneros with his hand, but Bedard said the angle of the video makes the initial contact hard to see
he video does, however, show Humphrey wrapping his arm around Sisneros’ neck abruptly after pushing him back and pinning him to a support beam, and Humphrey then appears to lift Sisneros off the ground with his arm.
The lawsuit states Sisneros could not breathe in the chokehold that lasted about 10 seconds, and he felt like he was about to lose consciousness.
Another deputy then handcuffs Sisneros and takes him away, the video shows.
Sisneros experienced “extreme pain” for weeks after the incident, according to the lawsuit, and he feared the deputy would “attack” him again.
Adam Sherman, a sergeant at the Adams County Sheriff’s Office, confirmed Thursday in an email Humphrey is still employed by the sheriff’s office, although he is on restricted status until the criminal investigation is complete.
He is not to have any inmate contact while on restricted status, Sherman said, and an internal investigation will begin after the criminal one’s completion.
Chris Hopper, director of communications, said the 17th Judicial District attorney’s office has not made a charging decision.
The Westminster Police Department is conducting the investigation, according to the sheriff’s office’s original news release, but a spokesperson for the department has not responded to questions about the investigation.