Deputy fired for alleged sexual assault is not charged

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An El Paso County Sheriff’s Office deputy won’t be criminally charged in connection with an allegation of sexual assault, the 4th Judicial District Attorney’s Office announced June 20 on Twitter.

Deputy David Kwiecien was fired on May 21, a week after a May 13 notice of claim was submitted to the county.

According to that letter, from attorney Timothy Bussey who’s representing an unnamed female (her name is redacted from the claim letter), Kwiecien made contact with the woman in the early morning hours of Dec. 25, 2018, initiating an investigation to determine if she was intoxicated.
The deputy then cited her for DUI. After she finished giving a blood sample at UCHealth Memorial Hospital Central, she was released into the care of her son, the letter says.

Later that night, the claim letter says, Kwiecien contacted the woman via text message and visited her at her residence, the letter says. “Deputy Kwiecien then visited [redacted] a second time at [redacted] residence,” the letter says. “During this second visit Deputy Kwiecien took advantage of his position as a law enforcement officer and his knowledge of [redacted] intoxicated state to sexually assault [redacted].”



There was another deputy on the initial DUI call, but the letter says it’s unknown to what degree, if any, he was involved in or aware of the incident. Kirby says the second deputy is not under investigation.

On Twitter, the DA’s Office said:

Following a thorough review of the events that occurred on Dec. 24-25, 2018 involving former El Paso County Sheriff’s Office Deputy David Kwiecien, the 4th Judicial D.A.’s Office has concluded that there is insufficient evidence to file criminal charges under Colorado law.
“While off-duty, Mr. Kwiecien engaged in inappropriate relations with a citizen he had arrested hours earlier for driving under the influence. An investigation has determined that the conduct occurred when the woman was no longer in custody and had returned to her home, and, while his actions were highly inappropriate and unprofessional, they do not rise to the level of criminal charges under Colorado law.

Sheriff’s Office spokesperson Jackie Kirby says via email, “We cannot comment on pending litigation. He was terminated from the Sheriff’s Office almost a month before the DA made their ruling.”

————ORIGINAL POST, 5:28 PM MAY 28, 2019—————-
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The El Paso County Sheriff's Office fired a deputy on May 21, a week after receiving a claim notice from a woman who states through her attorney that the deputy sexually assaulted her on Christmas Day last year, sheriff's spokesperson Jackie Kirby tells the Independent.



A notice of claim letter is usually the first step toward a lawsuit. The woman is seeking $10 million in damages.

The deputy in question, David Kwiecien, joined the department in 2016, Kirby says.

"I can tell you that the criminal investigation is in the DA's [District Attorney's] office's hands, and we're waiting for them to make a ruling [on whether criminal charges will be filed]," Kirby says.

According to the May 13 claim letter, from attorney Timothy Bussey, Kwiecien made contact with the woman, whose name is redacted from the claim letter, in the early morning hours of Dec. 25, 2018, initiating an investigation to determine if she was intoxicated.

The deputy then cited her for DUI. After she finished giving a blood sample at UCHealth Memorial Hospital Central, she was released into the care of her son, the letter says.

Later that night, Kwiecien contacted the woman via text message and visited her at her residence, the letter says. "Deputy Kwiecien then visited [redacted] a second time at [redacted] residence," the letter says. "During this second visit Deputy Kwiecien took advantage of his position as a law enforcement officer and his knowledge of [redacted] intoxicated state to sexually assault [redacted]."

There was another deputy on the initial DUI call, but the  the letter says it's unknown to what degree, if any, he was involved in or aware of the incident. Kirby says the second deputy is not under investigation.

The Indy reached out to the DA's Office to inquire about the investigation and will circle back when and if we hear something.

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