Thursday, July 24, 2008

To date still no apology or acknowledgement of wrong doing

That's the truth!

Mark Nigon Police Report #4

ON 07-02-06 AT APPROXIMATELY 0023 HOURS, I WAS DRIVING WEST ON W JEWELL AVE AT S KIPLING PKWY, WHEN AGENT ******* AND ***** WERE MONITORING TRAFFIC ON S KIPLING PKWY. MOMENTS LATER I HEARD THESE AGENTS RADIO FOR ASSISTANCE DUE TO A TRAFFIC ACCIDENT INVOLVING A BLACK 1993 DODGE PICKUP TRUCK DRIVING SOUTHBOUND, IN THE NORTHBOUND LANES.

I RESPONDED FROM AROUND THE CORNER AND ONCE ON SCENE ASSISTED AGENT ***** WITH CONTACTING THE DRIVER OF THE BLACK TRUCK. HE WAS IDENTIFIED AS MARK NIGON.

AFTER BEING REMOVED FROM THE VEHICLE, I HEARD AGENT ***** ASK NIGON HOW MUCH DID HE HAVE TO DRINK AND NIGON RESPONDED BY SAYING, 'WAY TOO MUCH.

NIGON WAS THEN PLACED UNDER ARREST, UNDER SUSPICION OF DUI AND FURTHER PENDING CHARGES BASED ON THE OUTCOME OF THE TRAFFIC ACCIDENT.

AFTER RECEIVING INFORMATION FROM WMFD ABOUT ******** INJURIES, I DROVE TO THE SWEDISH MEDICAL CENTER FOR ADDITIONAL FOLLOW UP.

WHILE THE SWEDISH MEDICAL CENTER, DR. **** INFORMED ME THAT JUSTIN HAD NUMEROUS BROKEN BONES ON THE LOWER RIGHT HALF OF HIS BODY. THESE INJURIES INCLUDED NUMEROUS FRACTURES IN HIS FOOT, LEG AND PELVIS. WHILE AT THE SWEDISH MEDICAL CENTER, ****** WAS EXAMINED THOROUGHLY BY THE MEDICAL STAFF, THEN PREPARED FOR EMERGENCY SURGERY.

I ASKED THE MEDICAL STAFF IF I WOULD BE ABLE TO SPEAK WITH ****** AT ANY TIME. THEY ADVISED ME THAT ****** APPEARED TO BE SUFFERING FROM A POSSIBLE HEAD INJURY AS WELL. THE SEVERITY OF HIS INJURIES, PLUS HIS BODY'S SHOCK FROM THE INJURIES, WAS CAUSING HIM TO HAVE A HARD TIME COMPREHENDING WHAT WAS OCCURRING. IT WAS NOT POSSIBLE TO INTERVIEW ****** WHILE I WAS AT THE MEDICAL CENTER.

IN ADDITION TO THIS INFORMATION, I ALSO SPOKE WITH ***** IN PERSON. SHE INFORMED ME THAT SHE AND ****** WERE COMING FROM ENGLEWOOD, WHERE THEY WERE SOCIALIZING TOGETHER AT BLONDIES. ***** TOLD ME THAT THEY HAD LEFT TO GO TO THEIR HOME IN NORTH LAKEWOOD. ***** SAID, 'WE TOOK 285 TO KIPLING AND WENT NORTH TOWARDS OUR HOUSE, WHEN THIS TRUCK HIT US OUT OF NO WHERE.' *****CONTINUED BY SAYING, 'WE WERE TALKING AND ****** MADE ME LAUGH, I LOOKED OVER AT HIM AND THAT'S WHEN I HEARD HIM SAY, 'OH MY GOD AND POINTED AT THE CAR HEADLIGHTS.'

Mark Nigon Police Report #3

AT 0023 HOURS, AGENT*******AND MYSELF WERE MONITORING THE NORTHBOUND TRAFFIC OF S KIPLING PARKWAY. WE WERE PARKED ON THE CENTER MEDIAN IN THE 1700 BLOCK OF S KIPLING PARKWAY. WE WERE BOTH IN OUR PATROL VEHICLES, FACING SOUTH.

AT 0023 HOURS, WE OBSERVED A BLACK 1993 DODGE PICKUP TRUCK, WITH LICENSE PLATE 3ML2038 DRIVING SOUTHBOUND, IN THE NORTHBOUND LANES. THE TRUCK WAS DRIVING IN LANE # 1. AT THAT TIME, AGENT ******* AND MYSELF IMMEDIATELY ACTIVATED OUR OVERHEAD EMERGENCY LIGHT AND SIRENS. WE FOLLOWED BEHIND THE TRUCK AND IT FAILED TO PULL OVER.

IN THE 1800 BLOCK OF S KIPLING PARKWAY, A RED 1994 JEEP, WITH LICENSE PLATE ******* WAS TRAVELING NORTHBOUND, IN THE NORTHBOUND LANES. THE JEEP WAS TRAVELING IN LANE # 1. THE TRUCK AND THE JEEP COLLIDED, HEAD ON. AFTER THE VEHICLES COLLIDED, THEY CAME TO REST INTHE CENTER MEDIAN.

I CONTACTED TO DRIVER OF THE TRUCK. HE WAS IDENTIFIED AS MARK NIGON. MARK HAD A VERY STRONG ODOR OF ALCOHOL ON HIS BREATH AND RED BLOOD SHOT EYES. WHEN ASKED HOW MUCH ALCOHOL HE HAD CONSUMED THROUGHOUT THE EVENING, MARK STATED 'WAY TOO MUCH'. BECAUSE MARK WAS JUST INVOLVED IN A TRAFFIC ACCIDENT, I DID NOT ASK HIM TO PREFORM VOLUNTARY ROADSIDE MANEUVERS.

BASED ON MY OBSERVATIONS OF MARK DRIVING, THE ACCIDENT, THE ODOR OF ALCOHOL ON HIS BREATH, AND HIS STATEMENTS, PROBABLE CAUSE WAS DEVELOPED TO ARREST MARK FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL.

AFTER IN CUSTODY, AGENT **** ADVISED MARK OF EXPRESS CONSENT, AND HE WAS GIVEN THE CHOICE OF A BLOOD OR BREATH TEST TO DETERMINE HIS BLOOD ALCOHOL CONCENTRATION. MARK REFUSED TO SUBMIT TO A TEST.

THE DRIVER OF THE JEEP WAS IDENTIFIED AS ************. THE FRONT SEAT PASSENGER OF THE JEEP WAS IDENTIFIED AS ***********. ACCORDING TO DR ****, AT THE SWEDISH MEDICAL CENTER, ******* SUFFERED SEVERAL BROKEN BONES IN HIS RIGHT LEG.

BECAUSE SERIOUS BODILY INJURY WAS INVOLVED, I TRANSPORTED MARK TO THE SWEDISH MEDICAL CENTER WHERE A FELONY BLOOD DRAW WAS PREFORMED. MARK1 S BLOOD WAS DRAWN BY PHELBOTOMIST BAKER, AT 0123 HOURS, 0152 HOURS, AND AT 0223 HOURS.

MARK WAS THEN BOOKED AT THE LAKEWOOD POLICE DEPARTMENT AND CHARGED WITH DUI, RECKLESS DRIVING, AND VEHICULAR ASSAULT. WHILE AT THE POLICE STATION, I ADVISED MARK OF HIS CONSTITUTIONAL RIGHTS PER MIRANDA. MARK TOLD ME THAT HE UNDERSTOOD HIS RIGHTS AND HE CHOSE TO ANSWER SOME MORE QUESTIONS. WHEN ASKED HOW MUCH ALCOHOL HE HAD CONSUMED, MARK ADVISED ME THAT HE COULD NOT REMEMBER. MARK ALSO ADVISED ME THAT HE WAS DRINKING ALCOHOL AT A FRIENDS HOUSE, NOT AT A BAR.

MARK WAS THEN TRANSPORTED AND LODGED AT THE JEFFERSON COUNTY JAIL.

Mark Nigon Police Report #2

ON 070206 AT APPROXIMATELY 0023 HOURS, I WAS MONITORING NORTHBOUND TRAFFIC IN THE MEDIAN OF S KIPLING PKWY. AGT ***** AND I WERE PARKED IN THE MEDIAN JUST SOUTH OF W FLORIDA AVE. WHILE WE WERE MONITORING TRAFFIC, I NOTICED A DODGE PICK UP SOUTHBOUND IN LANE #1 IN THE NORTHBOUND LANES. I ALONG WITH AGT *****, IMMEDIATELY ACTIVATED OUR EMERGENCY EQUIPMENT (LIGHTS AND SIRENS) AND ATTEMPTED TO STOP THE TRUCK.

BEFORE WE COULD CATCH UP TO THE TRUCK, I NOTICED A RED JEEP WRANGLER NORTHBOUND ON S KIPLING PKWY ALSO IN LANE #1. THE JEEP MADE A SLIGHT MOVEMENT TOWARDS THE GRASSY MEDIAN TO AVOID THE TRUCK. BEFORE THE JEEP COULD GET TO THE MEDIAN, THE TWO VEHICLES COLLIDED IN LANE #1. THE COLLISION WAS ON THE JEEP'S FRONT PASSENGER SIDE AND THE FRONT PASSENGER SIDE OF THE TRUCK.

THE JEEP CAME TO REST IN THE MIDDLE OF THE MEDIAN FACING EASTBOUND. I PUT MY PATROL CAR IN PARK AND WENT TO THE JEEP TO CHECK FOR INJURIES. AGT ***** CALLED OUT THE ACCIDENT AND WENT TO THE TRUCK. WHEN I GOT TO THE JEEP, I NOTICED THAT THE FEMALE DRIVER AND MALE PASSENGER WERE BOTH SEAT BELTED. THE FEMALE TOLD ME SHE WAS FINE AND THE MALE WAS SCREAMING IN PAIN. HE HAD BLOOD COVERING HIS FACE AND COULD NOT GET OUT OF THE JEEP AS HIS LEG WAS PINNED DOWN BY THE DAMAGE DONE. I TRIED TO HAVE THE MALE CALM DOWN AND ASSURED HIM THAT THE PARAMEDICS WOULD SOON ARRIVE. I STAYED WITH THE MALE UNTIL PARAMEDICS ARRIVED ON SCENE. IBRIEFLEY SPOKE TO THE FEMALE DRIVER OF THE JEEP, AND ASKED HER WHAT SHE SAW.

SHE TOLD ME THAT SHE SAW OUR LIGHTS AND HEARD OUR SIRENS. AT THE SAME TIME, SHE ALSO SAW A TRUCK COMING STRAIGHT FOR HER IN THE LANE THAT SHE WAS IN. SHE TOLD ME THAT SHE COULD NOT GET OUT OF THE WAY IN TIME AND HIT THE TRUCK.

I VISUALLY ESTIMATED THE SPEED OF THE TRUCK PRIOR TO IMPACT WAS APPROXIMATELY 30-35 MPH. THE JEEP APPEARED TO BE TRAVELING AT 45 MPH PRIOR TO IMPACT.

WHILE ON SCENE, I ALSO PHOTOGRAPHED THE DAMAGE TO EACH VEHICLE AND ITS POINT OF REST. I ALSO TOOK PICTURES OF THE ROADWAY EVIDENCE AS REQUESTED BY AGTS **** AND **********

ONE MEMORY CARD WAS SUBMITTED TO THE CRIME LAB FOR PROCESSING. FOR FURTHER INFORMATION.

Mark Nigon Police Report #1

On 07-02-06 at 0023 Hrs, I was working as part of DUI saturation patrol. I heard Agent ***** broadcast a head on traffic collision that just occurred at W Jewell Ave and S Kipling Pkwy. I began to travel in the direction of the collision in the event that one of the parties were intoxicated.

When I arrived at the scene, Agent ***** advised they were running RADAR in the center median on S Kipling Pkwy, just south of W Florida Ave. They saw the pickup truck travel southbound in the #1, left, lane of northbound S Kipling Pkwy. They attempted to stop the pickup truck, but the red Jeep came around the corner on northbound S Kipling Pkwy in the #1 lane, and collided with the pickup truck.

Agent ***** advised the driver of the pickup truck was in back of his police car. Since I was the DUI car for the evening, I contacted and spoke with the driver of the pickup truck, later identified as Mark Nigon from his Colorado Driver's License. When I opened the rear door, I could smell an odor of an unknown alcoholic beverage, I asked Nigon how many drinks he had, and I received a silent response. Nigon asked for me to repeat the question, so I asked again. I was again met with a silent response. I noticed that Nigon1 s arms were behind his back and asked if he was in handcuffs, Nigon replied with a 'yes'.

I asked Nigon if he was willing to participate in roadside maneuvers and Nigon replied a 'no'. I then advised him that he was under arrest, advised the Expressed Consent Law, and asked if he was willing to participate in a chemical, blood or breath, test. Nigon again told me, 'no' at approximately 0038 Hrs. Agent ***** took custody of Nigon and transported him to the Swedish Medical Center for a medical clearance.

Agents ********** and ****** responded to the scene to assist with the investigation. Measurements of the vehicles and roadway evidence were taken to be later plotted onto a diagram. Agent ********* completed the Vehicular Assault report while Agent ****** completed a hand drawn diagram of the collision scene. The measurements were taken from the street light pole. The street light pole, 21/4 69/34/51, was the reference point.

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By believing passionately in something that still does not exist, we create it. The nonexistent is whatever we have not sufficiently desired. - Franz Kafka