FOX31 Denver

Cop in violent arrest back on the job, lawsuit planned

AURORA, Colo. (KDVR) — Aurora community activists announced plans to file a lawsuit seeking $10 million for a man involved in a violent arrest caught on camera.

Body camera video obtained by FOX31 captures a traffic stop on May 15, 2021, when Officer Gabriel Nestor pulled Preston Nunn III over.

According to APD, prior to the stop seen on video, officers were conducting a separate traffic stop on Iliff Avenue near Buckley Road when Nunn’s vehicle came into the officers’ lane, nearly striking them with the car. One of the officers was able to catch up to that vehicle and conduct a traffic stop. That interaction is recorded on the body-worn camera and ends with Nunn being shocked with a stun gun.

(A warning to viewers: The full video of the incident contains graphic language.)

“If Preston was dead, this city would be in an uproar, but because he’s not dead and he’s walking around, you all have taken this so lightly,” community rights activist Alvertis Simmons said. “We’re asking you Attorney General Phil Weiser and also have put in a call to the Department of Justice to come and help us.”

After violent Aurora arrest, officer back on patrol

APD entered into a consent decree in November with the Attorney General’s Office after they found Aurora had a pattern of racial discrimination toward minority residents.

A spokesperson for Phil Weiser shared the following statement with FOX31:

“The Aurora consent decree requires changes to address systemic civil rights violations and does not address individual incidents in Aurora. The attorney general’s authority is to investigate and address patterns and practices of statutory and constitutional violations, and our office generally does not get involved in individual cases.”

Back in September, APD told the FOX 31 Problem Solvers Chief Vanessa Wilson initiated a full investigation into Nunn’s case.

When reaching out for comment Tuesday, a spokesperson from APD told FOX31 the investigation is complete, sharing the following statement:

“Officer Gabriel Nestor he is back to regular duty and is assigned to Patrol. The Internal Affairs investigation is complete and has been adjudicated. Officer Nestor was sustained for violation of Department Directives pertaining to ‘Responsibility for Preliminary Investigations’ and ‘Unsatisfactory Performance.’”

Activists want new Aurora police chief to reflect community

“We don’t need any more Preston Nunn Stories. We need change and we need it now,” community activist Mali Tolman said.

Tolman and Simmons stated they believe there should be a new police chief in Aurora and they think an African American woman should hold that position to better serve and represent the community at large, particularly minority residents.

The attorney for Aurora Police Chief Vanessa Wilson said that she has no intention of stepping down, despite media reports that she may resign.

After learning that Nestor is back patrolling, Simmons also stated they plan on organizing a march to raise awareness about Nunn’s case and their call for justice.

FOX31 reached out to APD after the community press conference Tuesday, asking for a response to the plans and statements made. FOX31 also asked for any updates on actions and measures in place with APD following the content decree agreement.