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Denver police sergeant allegedly pointed gun at man after road rage incident

Jason Brake faces menacing charges in connection to an Oct. 3 incident

A Denver Police Department sergeant with 34-years of experience allegedly pointed his handgun at a man while off duty.

DPD Sgt. Jason Brake, 57, was arrested on Oct. 3 following a road rage incident in which Brake allegedly pointed his handgun at another driver on Highway 2 in Commerce City after a heated vehicular pursuit, according to arrest records.

Brake — who has worked for DPD since 1990 — was officially charged with felony menacing on Friday by the 17th Judicial District Attorney’s Office, leading to the sergeant’s placement on non-paid administrative leave by the department as the investigation ensues.

Commerce City Police Department officers responded to the area of East 96th Avenue and Laredo Street around 3 p.m. on Oct. 3, according to arrest records. The officers found two dark pickup trucks with two male drivers.

Brake told officers that the other driver had pointed a gun at him during a road rage incident on Highway 2, but officers did not find a firearm on the driver or in the vicinity.

As Brake was merging onto the highway, he moved into the left lane to pass a semi-truck. The other driver allegedly came up behind him at high speeds and moved into oncoming traffic to get around Brake. As Brake moved to get in front of the semi-truck and allow the other driver to get back into the left lane, the driver pointed what appeared to be a handgun at Brake, he told Commerce City officers during an interview.

Brake told interviewers that he could not let the driver go because he pointed a gun at Brake and was driving recklessly, according to arrest records.

The sergeant pulled up next to the truck and yelled for the driver to pull over. As both of the trucks pulled over into the shoulder of the highway, Brake claimed he exited his vehicle to talk to the driver. The driver then fled the scene.

In an interview, the driver claimed that Brake pulled up beside him on the highway and pointed his handgun at him. Brake then pulled in front of the driver, forcing him to stop his vehicle. As Brake got out, the driver fled because Brake had already pointed a gun at him.

The driver told police that he believed Brake was going to shoot him.

Brake told police that the driver was lying to stay out of trouble and pointed a handgun at him first.

Brake said he “knew this was going to happen that when you guys didn’t find anything in his truck it was going to be my word against his,” according to arrest records.

The sergeant was then arrested on suspicion of menacing due to the lack of evidence that the driver had a weapon and pointed it at Brake.

DPD’s administrative review will begin once the criminal case is adjudicated, which includes the Denver Department of Safety and the Office of the Independent Monitor, a civilian oversight agency, the department said.

The department declined to comment further on the case due to it being within Adams County.

Brake is Colorado Peace Officer Standards and Training (POST) certified and does not have any violations on his record, according to the state’s POST website.

Photo Credit: MattGush (iStock). (MattGush)
Photo Credit: MattGush (iStock). (MattGush)


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