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November 18, 2014
DEPARTMENTAL ORDER OF DISCIPLINARY ACTION
(Case No, 1C2014-0087
BRIAN MUDLOFF (P08149)
Officer in the Classified Service
of the Denver Police Department
This Is before the Executive Direclor of the Department of Safety to approve, mouily or
disapprove the Chiefs Wrtten Command ordering discipinary action for Officer Brian
‘Mudioff. The Chief has determined that Officer Mudlof violated RR-402, Careless Handling
of Firearms, of the Denver Police Department Operations Manual, when he carelessly
discharged his duty weapon on March 18, 2014. The Written Command determined that
this was a Conduct Category E violation and imposed a mitigated penalty of eighteen (18)
suspended days without pay
(On March 16, 2014, at approximately 9:85 p.m. Officer Brian Beary conducted a trafic stop
of a stolen vehicle in the 200 block of South Federal Boulevard. Four of the occupants
texited the vehicle and ran westbound on West Alameda Avenue. One of the parties jumped
into a tan Ford Explorer that had pulled over in the 3000 block of West Alameda Avenue
Officer Brian Mudlff and Officer Michael Walsh were inthe area and responded to the cal
Officer Walsh, who was driving, pestoned the police vehicle to block the Ford Explorer
from leaving.’ Officer Mudiof, who was in the passenger seat and closest to the Ford
Explorer, began to get out ofthe vehicle. As he did so, he drew his handgun and pointed it
at the driver. Officer Mudlof's handgun had a mounted fashight beneath the barrel
‘The flashlight on the handgun similar to the one Officer Mudlof was using is activated by
pressing switches on elter side ofthe flashlight. The switches are just tothe front of, and
almost parallel tothe trigger. An officer is trained to activate the swich tothe fashight with
the thumb on the hand that would not be used to pull the trigger. This is done to avoid
‘accidental dcharges that could oczurifan officer were fo use the index finger to activate
the flashlight
‘Because the scene was dark, and fe iluminate the area, Officer Mudoff decided to activate
the flashlight mounted on his handgun. He put his right index finger (his tigger finger) on
the switch which activates the flashight as he stepped out ofthe police car. The door on
the passenger side of the police car unexpectedly swung back and struck Officer Mudiofs
left side. Officer Mudloff indicated that this knocked him off balance which caused him to
Lnintentionally pul the trigger on his handgun. He stated, ".. as! was using my right index.
‘finger to turn on the Bight, the passenger door of the patrol car that | had just exited came
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(Case No, 1C2014-0087
BRIAN MUDLOFF (08149)
Officer in the Classified Service
ofthe Denver Police Department
‘back and struck me on the let side of my body. The action ofthe door hiting me and the
‘simultaneous act of trying to tur on the weapon mounted ight moved my index finger down
to the tigger of my duly weapon and caused me to pull the trigger." One round was
discharged. The bullet from Officer Mudloffs handgun went info the lat side of the Ford
Explorer's windshield, through the front passenger seat, and into the right rear passenger
je window to shatter. Inside the Ford Explorer were the driver, a
le passenger, an infant and the fleeing suspect who was also a juvenile, Only the