DA drops indecent exposure charges against on-duty Denver officer
Gabriel Jordan was originally cited on Sept. 12
Prosecutors dropped indecent exposure charges against a Denver police officer, while his attorney said Tuesday the evidence was so thin it should never have been filed.
Gabriel Jordan, a police technician for the Denver Police Department, was accused of “indecent exposure-masturbation” in an incident that allegedly occurred on Sept. 12, according to a press release by the Denver District Attorney’s Office. The prosecutors decided Monday to drop the charges.
“It is our obligation as prosecutors only to go forward in cases where we believe we can prove a defendant’s guilt beyond a reasonable doubt,” District Attorney Beth McCann said in a statement. “While my office made the decision to file charges initially, after further review of the facts and evidence, we do not now believe that we can prove Mr. Jordan’s guilt beyond a reasonable doubt.”
Jordan’s attorney, Marshall Breit of Mulligan Breit LLC, blasted both the police department and the district attorney’s office in a statement.
“While I am pleased that the case against my client has been dismissed, the harm to and impact on Officer Jordan and his family because of this experience cannot be overstated,” according to Breit’s statement. “Systemic investigative failures by both the Denver Police Department and the Denver District Attorney’s Office resulted in Officer Jordan being charged with a crime that never actually occurred.
“The deficient process followed in this case — involving a veteran police officer — should serve as a cautionary tale to the general public.”
The department initially put Jordan on administrative leave on Sept. 13. According to The Denver Gazette’s news partner 9News, the department said on Monday that since the DA has dismissed the charge, Jordan “will be removed from administrative leave with pay and return to his non-patrol assignment in DPD’s Administrative Division where he will be doing office work while the Department’s Internal Affairs investigation of this incident moves forward.”
Jordan’s attorney went on to say the evidence was so thin, charges never should have been filed.
“No other police officer or cadet, present in the room during the training scenario, observed this alleged act,” Breit said in the statement. “Video footage contradicted the Cadet’s accusation.”
The officer has dealt with potential on-duty charges in the past.
Jordan shot and killed 17-year-old Jessica Hernandez on Jan. 26, 2015. Jordan and another officer were responding to a suspicious car report, according to the Denver district attorney’s decision letter in the shooting. The license plate came up stolen. While attempting to get the driver — later identified as Hernandez — from the vehicle, she drove at Jordan.
Both officers fired at Hernandez. Later toxicology tests revealed she had consumed alcohol and marijuana.
The District Attorney’s Office decided not to file charges in the case, citing the shooting was “defensive” and legally justified. Hernandez’ family received $1 million from Denver in a settlement.
The Denver Gazette’s news partner, 9News, contributed to this story