In response to a recent court filing (09/17/21) the Idaho Springs Police Department has the following statement:
On 09/17/2019 (2 years ago) officers from the Idaho Springs Police Department performed a traffic stop on a vehicle in the 1300 block of Idaho Street for a stop sign violation at approximately 1937 hours. The driver, Brady Mistic, immediately got out of his vehicle and quickly approached a clearly marked patrol car with the emergency lights activated. The officers gave verbal commands for Mr. Mistic to get back in his vehicle. It was later determined Mr. Mistic was deaf, but this fact was not known to the officers during the initial encounter.
Officers then directed Mr. Mistic to sit down. At one point officers attempted to gain control of Mr. Mistic by placing him into handcuffs due to his unexplained actions. Mr. Mistic resisted the officers, and a physical altercation took place. One of the ISPD officers was injured (broken leg) due to the resistive actions of Mr. Mistic.
Mr. Mistic was transported to a local hospital for evaluation. A short time later, he was cleared for detention and transported to the Clear Creek County Detention Facility where the officers charged him with Assault on a First Responder, Obstructing a Peace Officer, and Resisting Arrest. The officer who suffered a serious leg‐break was former ISPD Officer Nicholas Hanning and the other officer was Officer Ellie Summers, who was in training at the time of the incident. The incident was reviewed by former Chief Christian Malanka and the officers’ actions were deemed to be appropriate.
The District Attorney’s Office for the 5th Judicial District ultimately allowed Mr. Mistic to participate in a Diversion Program in lieu of formal charges being filed. Please see the attached link for more information regarding the Diversion Program (https://www.da5.us/programs‐we‐support/adult‐ diversion/).
Due to pending civil litigation there will be no further statements regarding this incident.