DEMAND FOR PROSECUTION: Petition for Writ of Mandamus Pursuant to C.R.S. 16-5-209




x County Court


Arapahoe County, Colorado
Court Address: Arapahoe County Court
7325 South Potomac Street #100
Centennial, Colorado 80112
Joseph A. Camp -individual capacity;
Joey Camp 2020 -Official Capacity
SafeTiVi Limited dba Feeling Cute Newz, Official Capacity
5514 Lewiston Street
Denver, Colorado 80239

v.

Arapahoe County District Attorney
c/o: George Brauchler
1690 West Littleton Blvd
Littleton, Colorado 80120






COURT USE ONLY


Case Number:
     


Division:       Courtroom:      

Petition for Writ of Mandamus Pursuant to C.R.S. 16-5-209



COMES NOW, Joseph A. Camp, Joey Camp 2020, SafeTiVi Limited dba Feeling Cute Newz (“Feeling Cute Newz”, pro se and hereby moves this Honorable Court pursuant to C.R.S. 16-5-209 and seeks the criminal prosecution of Aurora Police Office Nathan Meier. The allegations alleged are:

INTRODUCTION

This is a statutory action brought by the Plaintiff's pursuant to C.R.S. 16-5-209. This matter comes before this court on the pro se application of Joseph A. Camp, Joey Camp 2020, and Feeling Cute Newz seeking criminal prosecution of Aurora Police Office Nathan Meier for Driving While Intoxicated (DWI) (See: C.R.S. 42-4-1301.)

C.R.S. 16-5-209 reads in whole:

The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the commission of a crime and the unjustified refusal of the prosecuting attorney to prosecute any person for the crime, may require the prosecuting attorney to appear before the judge and explain the refusal.  If after that proceeding, based on the competent evidence in the affidavit, the explanation of the prosecuting attorney, and any argument of the parties, the judge finds that the refusal of the prosecuting attorney to prosecute was arbitrary or capricious and without reasonable excuse, the judge may order the prosecuting attorney to file an information and prosecute the case or may appoint a special prosecutor to do so.  The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made;  except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor.  Any special prosecutor appointed pursuant to this section shall be compensated as provided in section 20-1-308, C.R.S .

JURISDICTION AND VENUE

The Arapahoe County Court has jurisdiction over this dispute pursuant to C.R.S. 16-5-209. Specifically, the crime of DWI is codified ans a criminal misdemeanor. (See: C.R.S. 42-4-1301(1)(a).)

The Arapahoe County Court is the proper venue for these proceedings because the alleged conduct occurred in the City of Aurora, Colorado, which is the seat of Arapehoe County, Colorado.

PARTIES

Plaintiffs:

Joseph A. Camp is a resident of the State of Colorado. He frequently reports on topics of public interests, public concern, and government accountability, Furthermore, he is a frequent traveler through Aurora, and as is affected by the refusal to prosecute by Defendant. Joseph A. Camp can be served at: 5514 Lewiston Street, Denver, Colorado 80239, or electronically at: CampJosephA@gmail.com. His telephone number is 720.454.5240.

Joey Camp 2020 is a candidate for the Office of the President of the United States of America, United States Senate -Colorado, and United States House -Colorado, District 1. In this capacity, Joey Camp 2020 has an obligation to his potential constituency to hold accountable government agents and agencies when they refuse or refrain from their obligations to the citizens. Joey Camp 2020 can be served at: 5514 Lewiston Street, Denver, Colorado 80239, or electronically at: Joey@joeycamp2020.com. The official number for the campaigns is: 720.454.5240.

SafeTiVi Limited, doing business as: Feeling Cute Newz is a pro pot and anti-government overreach news gathering and disseminater similar topics. Feeling Cute Newz can be reached at: FeelingCuteNewz@yandex.com. There is no physical address for this publication as it exists only online and accepts process electronically. There is no telephone number for Feeling Cute Newz.

Defendant:

Arapahoe County District Attorney is the Prosecuting Attorney for Aurora, Colorado. Pursuant to C.R.S. 16-5-209 he is the proper party for this proceeding. The office can be reached and served at:

Arapahoe County District Attorney
c/o: George Brauchler
1690 West Littleton Blvd
Littleton, Colorado 80120

ADMINISTRATIVE PROCEEDINGS1

Pursuant to C.R.S. 16-5-209 on December 21, 2019 Plaintiffs submitted the letter attached (exhibit “a”) for consideration of prosecution to Defendant Arapahoe County District Attorney. In addition, a copy of the letter was sent via social media, including Twitter, Facebook, and other platforms. On Dec. 23, 2019 the verified Twitter account for “DA Office 18th” responded to the Tweet “A case resulting from the incident was never presented to our office. Now that it has been brought to our attention, DA Brauchler has asked his team to examine the facts to determine whether there is a role for District Attorney's Office.” (See: https://twitter.com/DA18th/status/1209210004252708865). (Exhibit “b”).

On Feburary 6, 2020 the Arapahoe County District Attorney announced he would not prosecute officer Nathan Meier.

All administrative attempts and remedies available have been exhausted. This matter is now properly before this Court.

FACTS

On March 29,2019, while on duty as a Sergeant for the Aurora Police Department, Officer Nathan Meier was found intoxicated and during this incident Officer Meier was found to be passed out in his patrol vehicle, his foot on the brake, his firearm at his side. During the interrogations of Meier -after the window to the vehicle was smashed by the Fire Department due to the unresponsive -, he confessed to going home moments prior and drinking vodka from the bottle.

In body cam footage officers arriving on the scene are quoted as to identifying probable cause that Meier was “a little bit intoxicated”.


AFFIDAVIT

Filed contemporaneously with this application is the affidavit of Joseph A. Camp supported by all plaintiffs herein as required by C.R.S. 16-5-209.


PRAYER FOR RELIEF

WHEREFORE, for the foregoing reasons, it is respectfully requested that this Court set an evidence hearing to determine if the Court should exercise it's great power to ORDER the Defendant to Prosecute Aurora Police Officer Nathan Meier for violations of the Colorado Criminal Code enumerated herein, and such other and further relief this Court deems just and proper.

Respectfully,


___/s/_____________________________ Feb. 6, 2020
Joseph A. Camp, pro se
Joey Camp 2020,
SafeTiVi Limited dba Feeling Cute Newz

AFFIDAVIT OF SERVICE

I swear under penalty of purjury that a true copy of the above Petition for Writ of Mandamus Pursuant to C.R.S. 16-5-209 has been delivered via first class mail to Defendant at the following address:

Arapahoe County District Attorney
c/o: George Brauchler
1690 West Littleton Blvd
Littleton, Colorado 80120
Respectfully,


___/s/_____________________________ Feb. 6, 2020
Joseph A. Camp, pro se
Joey Camp 2020,
SafeTiVi Limited dba Feeling Cute Newz
EXHIBIT “A”


EXHIBIT “B”

1Camp v. Jefferson County District Attorney, Colorado Court of Appeals, 17CA853, reversed and remanded seven C.R.S. 16-5-209 mandamus applications originally dismissed by Jefferson District Court; cert. denied 18SC488.