The United States Department of Justice will decide whether to investigate the Colorado Springs Police Department in the beating of Black homeless veteran Dalvin Gadson Ochoa last year. 

A memo from the DOJ’s Office of Civil Rights to the Criminal Section of the Civil Rights division of the department dated Oct. 3, but publicized this week, confirms that an official complaint of racial discrimination against Colorado Springs police has been sent. 

The memo states that the DOJ will hold off on conducting a review of the complaint until after Ochoa’s pending civil lawsuit against the police department can occur.  

Colorado Springs police say use of force against Black veteran was justified; some officers face reprimands, suspensions

On Oct. 9, 2022, Gadson Ochoa, 29 at the time, was pulled over for driving without a license plate. When he asked why he was being detained and declined to get out of the car, officers Colby Hickman, Matthew Anderson and Christopher Hummel repeatedly punched and kicked Gadson Ochoa during and after they removed him from the vehicle, body-camera footage of the incident shows.

All three officers claimed in their post-event interviews that they felt the use of force was justified due to Gadson Ochoa allegedly resisting arrest, and that a knife police said was in Gadson Ochoa’s car made them feel like there were potentially additional weapons in the vehicle. 

The police department conducted an internal investigation into the officer’s use of force. The report, released in August, concluded that the use of force the officers used was justified, even though the officers fears proved to be “unfounded.” 

“One year later, Chief Vasquez still refuses to hold his officers accountable after they beat and bloodied an unarmed man over a license tag infraction,” said Harry Daniels, one of the attorneys representing Gadson Ochoa in the civil suit. “Today we are confident that the Department of Justice will begin to correct that injustice and do what he won’t.”

Gadson Ochoa is currently seeking a jury trial for emotional and physical damages, as well as economic losses. No specific amount in damages is listed in the lawsuit. The civil lawsuit is moving ahead in federal court, with a pretrial conference for the case scheduled to take place in June 2024.

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