Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:04-cv-01275-OES-PAC

Document 60-5

Filed 11/30/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01275-OES-PAC ______________________________________________________________________________ CRAIG D. SYRIE, Plaintiff, v. MAYOR ED TAUER, COUNTY, CITY COMMISSIONERS ­ JOHN AND JANE DOES, AURORA POLICE CHIEF ­ JOHN AND JANE DOE SERGEANT GRAHAM, OFFICER HIRTLE, OFFICER ZIUS, and OFFICER SLOAN, Defendants. ______________________________________________________________________________ AFFIDAVIT ______________________________________________________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE )

Thomas Graham, being first duly sworn upon oath, deposes and says: 1. I am presently employed as a Sergeant with the Aurora Police

Department. I have personal knowledge of all matters stated in this Affidavit. 2. On November 3, 2003, Officer Sloan requested permission to

search the apartment located at 441 Geneva Street, #204, from the lessee, Jolene Blair. Ms. Blair verbally gave Officer Sloan permission to search the apartment.

Case 1:04-cv-01275-OES-PAC

Document 60-5

Filed 11/30/2005

Page 2 of 2

3.

I arrested Craig Syrie on November 3, 2003, at 441 Geneva Street,

#204. Within minutes of the arrest, Officer Hirtle discovered a shotgun behind the couch that Mr. Syrie had been sitting on just prior to his arrest. The couch was in the same room and within approximately six feet of where Mr. Syrie was standing when he was arrested.

Further affiant sayeth naught.

s/Thomas Graham Thomas Graham

The foregoing Affidavit was acknowledged before me this 30th day of November, 2005, by Thomas Graham.

s/Cynthia K. Selden Notary Public My Commission expires: May 13, 2007

2