Deputy docked 45 days for butt slap
'Painful' blow led humiliated recipient to resign from Denver Sheriff's Department
By Daniel J. Chacon, Rocky Mountain News (Contact)
Originally published 03:17 p.m., March 27, 2008
Updated 02:18 p.m., March 28, 2008
Is a 45-day suspension for a butt slap too severe?
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A Denver sheriff's deputy has been suspended for 45 days for giving a co-worker a "painful" slap on the butt.
Attorney Derek W. Cole, who represents the disciplined deputy, called the suspension "asinine."
"It's gross overkill," Cole said Thursday. "It's like executing somebody for blowing their nose and not washing their hands."
On Aug. 30, 2007, Deputy Francisco Hernandez and five other sheriff's deputies were in a small office at the county jail when he leaned over a desk to get his keys.
All of a sudden, Deputy Bobby Rogers "slapped him hard on the buttocks," city documents state.
"What the hell!" Hernandez yelled as others in the room burst into laughter, documents state.
"I think I cupped it," Rogers said, according to documents.
"I think you got some lift," quipped another deputy.
"If you're going to stick it out, I'm going to hit it," Rogers told Hernandez, generating more laughter, documents state.
But a "hurt and embarrassed" Hernandez didn't find it funny and reported it to a supervisor, leading to an internal affairs investigation and the suspension.
Rogers appealed the suspension Sept. 6 but lost.
"I do not find (Rogers') testimony about the event credible," Valerie McNaughton, a Career Service hearing officer, wrote in a recently released report upholding the discipline.
"Throughout the investigation and appeal proceedings, (Rogers) attempted to avoid the consequences of his actions by withholding the truth," she wrote.
Rogers, an eight-year veteran who works in the pre-arraignment facility and earns $55,968 annually, referred questions to Cole.
According to McNaughton's report, Rogers offered different versions of what happened that day at the jail in an office known as the control center cage.
During two separate interviews with Internal Affairs, Rogers denied slapping Hernandez on the butt, insisting that he "only pulled him close and patted him on the back," documents state.
In the first interview June 9, Rogers told investigators he yanked Hernandez by the hand and then patted him on the lower back.
In the second interview June 25, Rogers recalled the incident as a pat on the middle or lower back.
At a pre-disciplinary hearing Aug. 9, Rogers said he touched Hernandez on his back and hugged him.
During another hearing Feb. 22, Rogers said he grabbed Hernandez, hugged him and then patted him somewhere on the back.
Hernandez's story remained consistent, documents state.
Hernandez, who was "shocked" and "humiliated" by the slap, resigned after four years with the department as a result of the butt smacking, documents state.
Deputy Safety Manager Mary Malatesta "believed (Rogers) slapped Hernandez in a playful mood, with no malicious intent," documents state.
But McNaughton, the hearing officer, ruled that "the force of the blow" from the "much larger" Rogers "rendered it an assault."



Comments
Posted by MarineGrunt on March 27, 2008 at 3:19 p.m. (Suggest removal)
Well. I think that fits the definition of "The Gehy!"
Butt, really, ass-salt?
Posted by Golden on March 27, 2008 at 3:29 p.m. (Suggest removal)
I'm glad Hernandez resigned. Anyone so shocked and humiliated by slap on the keister should be selling flowers or herbal tea... they should not be in law enforcement.
Good thing Rogers didn't comment on the firmness of the offened buttocks as it might have caused him to go into seclusion for a few years...
Posted by Lorren on March 27, 2008 at 3:40 p.m. (Suggest removal)
He's lucky it wasn't ME he swatted...he'd STILL be sportin' a black eye and a busted nose....
Posted by PajamaPulitzer on March 27, 2008 at 3:46 p.m. (Suggest removal)
Lorren: One gets the impression that no one would be interested in touching you.
Posted by Buckwheat on March 27, 2008 at 3:51 p.m. (Suggest removal)
Just another sign of the times..Oh my God!
Posted by Earl on March 27, 2008 at 3:51 p.m. (Suggest removal)
gee if he was out in golden nothing would have happened. remember the wonderful job they did on the sheriff who kill a guy for litter? this is kids play
Posted by me2 on March 27, 2008 at 3:52 p.m. (Suggest removal)
I`m another one who would have smacked him hard. Just reflexes you know.
Posted by EdVMorales on March 27, 2008 at 4:01 p.m. (Suggest removal)
What a joke again. If it was any other work place, HR would walk him out the door. No one is safe anymore.
Posted by freethought on March 27, 2008 at 4:05 p.m. (Suggest removal)
But Rogers did not ask "who's your daddy"!
Posted by nobodyman on March 27, 2008 at 4:19 p.m. (Suggest removal)
Once again, an example of our society being held hostage by people with no sense of humor.
Posted by McBangus on March 27, 2008 at 4:35 p.m. (Suggest removal)
He had no business being a cop in the first place if he is that friggin' sensitive! What the hell is he going to do the first time he gets berated by a methed-out prostitute? Crawl into the back of his cruiser and cry??
Posted by O_TRAIN on March 27, 2008 at 4:38 p.m. (Suggest removal)
thank you sir may I have another?
maybe he was offended it was a slap instead of a "dirty sanchez"
Posted by freethought on March 27, 2008 at 4:45 p.m. (Suggest removal)
O_TRAIN, I had just about forgot "dirty sanchez", you filthy little perv. Keep up the good work. Hernandez should be ashamed of letting this little prank go this far. I wonder if any other police force would hire him? Maybe West Hollywood.
Posted by rmnreader on March 27, 2008 at 4:58 p.m. (Suggest removal)
Sounds like Roger's continued his bullying into adulthood instead of leaving it in school - I would bet that Roger's kid is probably the school bully right now actually. Anyone who has to lay his hands on someone to get a laugh has an IQ lower than I expect law enforcement officers to have.
Had he tried that on me this lady would likely be the one being charged for assault......
Posted by POHA on March 27, 2008 at 5 p.m. (Suggest removal)
I don't think it was appropriate for Roberts' annual pay to be publicized. That's way worse than a spanking.
Grrr.
Posted by The_Punnisher on March 27, 2008 at 5:33 p.m. (Suggest removal)
"I do not find (Rogers') testimony about the event credible," Valerie McNaughton, a Career Service hearing officer, wrote in a report upholding the discipline.
"Throughout the investigation and appeal proceedings, (Rogers) attempted to avoid the consequences of his actions by withholding the truth," she wrote.
This is why many officers will SHOOT and KILL first...
It is THEIR WORD against the dead person's word....
And " JUST US " is served...
Posted by arby on March 27, 2008 at 6:08 p.m. (Suggest removal)
This whole thing is way out of proportion. Hernandez is a cop. Rogers is a cop. They are in the ready room. I think Hernandez is a latent homosexual and a wuss. The whole affair isn't newsworthy and the hearing officer should have said get out of here with this BS.
Posted by dabears1985 on March 27, 2008 at 6:21 p.m. (Suggest removal)
Couldn't have said it any better "bigdude" PIGS WILL BE PIGS!
Posted by sheepherder on March 27, 2008 at 6:28 p.m. (Suggest removal)
First of all, theyu are not cops, they are correction officers, BIG DIFFERENCE. bigdude and dabears, you are ignorant and moronic. Go to a kiddie forum for your syupid posts.
Posted by GWBushwacked on March 27, 2008 at 6:43 p.m. (Suggest removal)
I find the whole thing hot.
Posted by fiesty on March 27, 2008 at 7 p.m. (Suggest removal)
Whether or not he's male or a cop, doesn't mean he should have to put up with this nonsense, so quit all the "sensitive" crap. What the other officer did was wrong and unacceptable. Period. Just because he's male and a cop, doesn't mean he has to put up with that type of humiliation.
Posted by American100 on March 27, 2008 at 7:14 p.m. (Suggest removal)
Cry baby!
1st of all, Rogers should keep his dam* hands to himself.
2nd - Get over it. Talk about someone looking for easy money.
If that caused him so much distress he needed to resign, he needs to see a shrink and shouldn't have been on the force in the first place.
Posted by bockclocker on March 28, 2008 at 10:03 a.m.
(This comment was removed by the site staff.)
Posted by LuckyMe on March 28, 2008 at 11:40 a.m. (Suggest removal)
sheepherder, read the article. It says they are Sheriff Deputies in a small office in the county jail. Not correction officers. Just thought you should know.
Posted by SASQUATCH on March 28, 2008 at 1:23 p.m. (Suggest removal)
Using that very same standard, Bill Clinton should have been hung (I mean hanged).
Posted by Tugboat on March 28, 2008 at 2:07 p.m. (Suggest removal)
First, this Rogers dishonored his badge, office and all others in the profession when he decided to lie about the incident rather than face it and say "yeah I did that, my bad I guess".
Second, how lame do you have to be to need to resign because you slapped on the rear end? Here is a prime example of what lower hiring standards brings us. A personality like this should have been caught long before this ever happened. That goes the same for Rogers as well. There is something there that should have been caught early in the screening process, though I am sure that he will have pleanty of time to think it over during the next 45 days.
Lastly, they way I understand it, the Deputies in the jail are really corrections officers. They do not go out on patrol, as that is handled by the City Police in Denver, City and County of. I guess I could be wrong, wouldn't be the first time, nor I am sure the last! ;)
Posted by O_TRAIN on March 28, 2008 at 2:21 p.m. (Suggest removal)
Hernandez was "presenting"....I saw it on Animal Planet.
Posted by NotChasB on March 28, 2008 at 2:33 p.m. (Suggest removal)
What else is new for the boys in blue or brown. I don't know where they are finding this men that haven't grown up yet. He's lucky Hernandez didn't go for his gun and smoke him for such an insult. If they don't have any respect for their fellow deputies, what do the have in store for us that they seem think are below them. I'd would of fired that moron. So unproffessional and no class what so ever.
Posted by LuckyMe on March 28, 2008 at 2:34 p.m. (Suggest removal)
Tugboat, you are absolutely correct. Deputies are correction officers. Thank you for that. I went on to Denver.org and this is the Sherrif's mission statement. "Our vision is to provide public safety and security for the community by ensuring secure care, custody and transportation of detainees and operating safe, secure, efficient and humane facilities that adhere to Federal, State and local laws."
Posted by JK on March 28, 2008 at 2:36 p.m. (Suggest removal)
He should have just asked for a date, now it's cost him 45 days of pay. Be proud of who you are Rodgers, don't let the man get you down.
Posted by OhBrother on March 28, 2008 at 2:39 p.m. (Suggest removal)
great poloice work there, I'm glad they finshed busting all the criminals up early enough to get a good game of grab a$s in... I would get fierd if I touched anyone like that on my job, but it's good to see police officers are held to a much higher standard
Posted by Gemini79 on March 28, 2008 at 3:13 p.m. (Suggest removal)
Cops are power hungry egotistical pigs who carry guns around and run red lights just because they can. Ok..not all cops...just 99.9% of them. Instead of busting hard core criminals (probably because they are afraid) they want to pull hard working law abiding citizen over and harass them for minor traffic infractions. Instead of busting meth and crack heads, they want to arrest pot smoking hippies.
My brother used to be a cop until he found out how corrupted they were. His partner was a racist jerk who physically rough handled teenagers and then told my brother to keep silent.
I don't care..I abhor cops based on personal experiences.
For all the good cops...you're a minority. Keep up the good work.
Posted by jeffm on March 28, 2008 at 3:16 p.m. (Suggest removal)
Wow-45 days suspension for a butt slap? Denver cops get less then that for KILLING innocent and unarmed civilians in their own homes.
Posted by Cel on March 28, 2008 at 3:27 p.m. (Suggest removal)
C'mon, butts were meant to be slapped !!!
Posted by RickyLee on March 28, 2008 at 3:57 p.m. (Suggest removal)
It's obvious that Roberts is a bigot.
This was a hate crime.
Posted by Ender on March 28, 2008 at 5:31 p.m. (Suggest removal)
until you walk a mile in their shoes.
Posted by mani on March 28, 2008 at 5:32 p.m. (Suggest removal)
The guys gets 45 days for an ass slap but the piece of spit Cop MURDERED Frank Lovato walks free> Nice set of priorites you've got their DPD.
Posted by Jim on March 28, 2008 at 5:57 p.m. (Suggest removal)
Me thinks there is much about this work place dynamic that is not revealed in the article that may have showed up at the hearing. Why would Roberts get a 45 day suspension? Why would Hernandez leave a good paying job with great benefits because of a slap on the butt? Truth be told Hernandez' co-workers didn't like him and had been pimping him for months. The imediate laughter of the co-workers speakes volumns. Once Hernandez ratted these bullies off he bought a jail wide snitch jacket and had no choice but to resign.
Posted by geriatric1943 on March 28, 2008 at 6:49 p.m. (Suggest removal)
Sex abuse!!!
Posted by Reality_Check on March 28, 2008 at 8:30 p.m. (Suggest removal)
"I do not find (Rogers') testimony about the event credible,"
Another LYING Cop ... how surprising ... not!
"It's like executing somebody for blowing their nose and not washing their hands." - Attorney Derek W. Cole
That's got to take the award for the most pathetic analogy ever proffered by a lawyer. No wonder this lying cop lost his hearing.
Posted by mythoughts on March 28, 2008 at 9:59 p.m. (Suggest removal)
I really don’t know the origin but in our family this butt slapping is actually called a clap if it is just one cheek and a superclap if both cheeks are involved. It is mostly the men who are the perpetrators although my sister has taken to the superclap mentality so now no one is safe. In the 1980’s and 1990’s the superclapping was at an epidemic level when it was first discovered. Some people have matured but there will always be the superclap perpetrator who gets it going again. To this day I know that if I happen to bend over to pick something up (just like Hernandez) and there are family members in the area I am subject to a superclap. Unfortunately, my husband had to learn the hard way but luckily he stayed the course. And, the rules are if someone superclaps you and then says no clap backs then you have been superclapped with no recourse and just have to wait until your superclap opportunity arises another day. Or, you could just turn the other cheek.
Posted by theQ on March 28, 2008 at 11:22 p.m. (Suggest removal)
A man touching another mans butt in front of other men...any way you slice it its not kosher.
Posted by attydwcole on March 29, 2008 at 11:15 a.m. (Suggest removal)
RickyLee - As Deputy Rogers' attorney, I feel obligated to inform you of three (3) things: (1) Deputy Rogers is not a "bigot," but is a (very) likeable, (extremely) personable, (openly) fair-minded, and (devoutly) family-oriented, Afican-American professional who has, we assert, become both the "target" and "victim" of others who hold (and practice) "bigoted" ideas about what is "fair," "reasonable," and "just"; 2) this was not a "hate crime," but was, at both "best" and "worst," a "practical joke," played on a fellow officer, in a highly "stressful" job and/or working environment, in order to break the "tension" of the "moment"; and (3) after 23 years in practice as an African-Ammerican Attorney (13 years as a Navy Judge Advocate, seven (7) months as a Deputy District Attorney (D.D.A) at the JEFFCO DA's office, and eight (8) years in "private practice," Deputy Rogers is one of THE most "credible" and "professional" clients I have ever had the pleasure of representing.
Questions or comments about this "blog" can be e-mailed to me at the e-mail address set forth below:
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
attydwcole@earthlink.net
Posted by attydwcole on March 29, 2008 at 11:17 a.m. (Suggest removal)
Reality_Check - First, I did not represent Deputy Rogers at his hearing nor on his appeal. He came to our law office (later) with "valid" concerns about how he and numerous other black officers (at the Denver Sheriff's Department) are being (and have "historically" been) dicriminated against on the basis of their "race" ("Black"). I agree (with you) that my "pathetic" analogy makes about as much sense as the "onerous" and "indefensible" 45-day discipline given to Deputy Rogers for what was, at "worst," an act of "horse-play." (The "absurdity" of what was done to Deputy Rogers PRECISELY why the analogy was made.) Lest we forget, "horse-play" and "slaps" (on the rears of "teammates") goes on every day (on ball fields and in the locker-rooms) all across this country. Under normal circumstances, and unless it exceeds the "bounds" of either "law" or "decency," most "reasonable" people accept such signs of "camaraderie" as just that: "camaraderie" (and nothing more). In Deputy Rogers' case, he was both "lied" upon and, later, disciplined for something his "white" counter-parts would have NEVER had to face, unless, as earlier stated, the "cause" for concern exceeded the "bounds" of either "law" or "decency." In EEO law, such a disproportionate impact on the members of a particular, "protected" minority group is called "disparate impact." We assert that Deputy Rogers was (and still is) one of the "casualties" of a healthy "disparate impact" program within the Denver Sheriff's Department, which is "systematically" being implemented on black personnel (only).
Questions or comments about this "blog" can be e-mailed to me at the e-mail address set forth below:
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
attydwcole@earthlink.net
Posted by attydwcole on March 29, 2008 at 11:24 a.m. (Suggest removal)
To All:
We hope that having provided very important information (in this lbog and earlier blogs) leaves open the notion (in your minds, as well as in the minds of all who read this) that Deputy Rogers is but one (1) of the many African-American officers in the Denver Sheriff's Department who are (routinely) disciplined more severely, than are white officers, for "allegedly" committing the same (or "similar") minor infractions.
In reality, as as will be shown in future law-suits (which will be filed in federal court after the EEOC completes their investigations into the "numerous" and "credible" allegations of these black professionals), Deputy Rogers, as well as other African-American officers (in the Denver Sheriff's Department) are both the "targets" and "victims" of "racism"; "racism" which, as Senator Obama rightly points out, is (unfortunately) still "alive and well" in our communities.
Questions or comments about this "blog" can be e-mailed to me at the e-mail address set forth below:
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
attydwcole@earthlink.net
Posted by doghair on March 29, 2008 at 12:49 p.m. (Suggest removal)
After reading the article, I felt bad for Deputy Rogers and wondered how a small practical joke could go so awry. Even after he lied to investigators instead of just taking it like a man.
Then came the race card, played by his mouthpiece in this blog.
Now he is just another minority, down trodden by the evil white man and trying to get paid. Disgusting.
Posted by attydwcole on March 29, 2008 at 3:37 p.m. (Suggest removal)
doghair - As I would ask of any person on a jury panel to do, please withhold judgment (on any case) until all of the "evidence" has been presented.
If you were (1) being "wrongfully" condemned (for something you did not do), (2) "aggressively" prosecuted on "disproportionately" high charges (for a "minor" infraction"); or (3) punished so severely that the punishment did not "fit" the crime, would you not seek the assistance of an attorney in order to, at least, make things "right"?
During my 23 years of practice, I have represented people from (1) all levels of society, (2) all "walks" of life; (3) (just about) all racial groups (including both "blacks" and "whites"), (4) many countries; (5) both the "gay" and "straight" communities; and (6) both "rich" and the "poor" situations. In having done so, I consistently find one common (if not "universal") desire (a "common denominator" if you will) in all of my clients (regardless of their race(s)): that is, the "demand," if not the "right" to simply be treated "fairly" and "equally" with regard to life on this planet. Do you (yourself) expect, if not demand, to be treated "fairly" and "equally" in this world? What about others treating your children "fairly" and "equally"?
Sir, how do you respond to the notion that "All men (and women) are created equal."? What about the rest of the people in this world? Does any human being deserve anything less than "fair" and "equal" treatment in life and/or under the law?
The simple fact that you (and those feel the same way you do) are "compelled" to make such statements, demonstrates that we, as a nation, still have a long way to go (where race relations are concerned).
In the words of Paul Harvey, please wait "...for the rest of the story."
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
Posted by attydwcole on March 29, 2008 at 4:42 p.m. (Suggest removal)
doghair - Please be assured that no "race" cards are being "played" in Deputy Rogers' case; nor will any be "played" in pursuing the other cases mentioned in an earlier blog.
At COLE & ASSOCIATES, Attorneys at Law, we use only use "applicable" state and federal laws to "vindicate" the "rights" of people (regardless of their race) whose "rights" have been violated by the "wrongful" (if not "unlawful") acts and/or conduct of others. What you call a "race card," we, at COLE & ASSOCIATES, call a "Right to Fair and Equal Treatment Card."
From a "legal" standpoint, both state and federal law already require that (virtually) everyone, regardless of "race," "creed," "color," "national origin," 'age, "sex," and/or "disability" be treated "equally."
Sir, your comments seem to "imply" that either (1) you do not agree with those laws, or (2) you do not agree with the EEO "premise" on which such laws are based. Is the "inference" ("gleaned" from your comments) correct? If not, please feel "free" to "...set the record straight."
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
Posted by Reality_Check on March 30, 2008 at 6:20 p.m. (Suggest removal)
attydwcole,
If you were a prosecutor as you claim, then you must be familiar with this Colorado Statute:
18-3-204. Assault in the third degree.
A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
Now if a citizen had been walking past a Police Officer on the street who was bent over picking up a box of jelly doughnuts and spontaneously SLAPPED THAT ASS causing the same exact level shock and pain that Deputy Hernandes suffered at the hands of your client, Bobby Rogers -- what exactly do you think would have happened to that citizen?
And if that citizen had responded to the cop's inquiry as to the reason for the unprovoked assault and battery with - "If you're going to stick it out, I'm going to hit it" -- where exactly would that citizen have ended up in short order?
a) Jail
b) the Hospital
c) first b, then a
And if at the hearing for the incident the Finder of Fact determined that the citizen's testimony about the event was
"not credible", would the case be ruled in favor of the cop or the slap-happy citizen?
Would the excitable citizen receive more or less than 45 days IN JAIL for their assault?
Let's see if you can HONESTLY answer the questions posed.
Posted by Reality_Check on March 30, 2008 at 6:37 p.m. (Suggest removal)
.
Oh, and one final pregunta --
Would it matter what RACE the slap-happy citizen or the cop was in the above scenario ?
.
Posted by attydwcole on April 6, 2008 at 9:25 a.m. (Suggest removal)
Reality_Check:
In response to your blogs (March 30, 2008 at 6:20 p.m and March 30, 2008 at 6:37 p.m.), I pose the following Question ("Q") and Answer ("A") to you:
Q: Do you know what "mens rea" is?
A: Without "mens rea" being proven, beyond a "reasonable doubt," as an element of every criminal offense, the trier-of-fact (either judge or jury) must, according to Colorado criminal law, find a Defendant "Not Guilty".
With regard to you (and others who (clearly) have your "limited" understanding of criminal law), I will (now) take heed of following advice (given to others by a wise, (unknown) Chinese philosopher):
"Do not argue with a 'fool,' for they may be doing the same with you!"
Good luck with your life!
Regards,
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
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