Deputy accused of sexually assaulting woman after DUI stop, DA rules insufficient evidence

Published: May. 27, 2019 at 9:15 PM MDT
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The 4th Judicial District Attorney's Office is reporting there is "insufficient evidence" to file criminal charges against a former El Paso County Deputy accused of having sex with a woman who he had pulled over for Driving Under the Influence hours earlier.

The DA tweeted out the following on Thursday:

Following a thorough review of the events that occurred on Dec. 24-25, 2018 involving former El Paso County Sheriff’s Office Deputy David Kwiecien, the 4th Judicial D.A.’s Office has concluded that there is insufficient evidence to file criminal charges under Colorado law. While off-duty, Mr. Kwiecien engaged in inappropriate relations with a citizen he had arrested hours earlier for driving under the influence. An investigation has determined that the conduct occurred when the woman was no longer in custody and had returned to her home, and, while his actions were highly inappropriate and unprofessional, they do not rise to the level of criminal charges under Colorado law.

The alleged victim's attorney, Tim Bussey, told 11 News he was very disappointed that the DA's office has decided not to prosecute the case.

"When you have a man in a position of power over a woman, how is that woman expected to consent? Especially after she's been arrested for a DUI where the officer who is trained to observe intoxication, who's trained to look for a person who is under the influence, made that determination, and made a determination later that, 'Hey this might be an opportunity,'" said Bussey.

11 News was the first to report the accusations against El Paso County Deputy David Kwiecien.

While the alleged incident happened on Christmas Day last year, the Sheriff's Office said they were not aware of the incident until April 12, when the woman's attorney reached out to them. They then put Kwiecien on administrative leave the same day while an investigation was launched. He was fired about a month later.

"What I can talk about is the level of courage it takes for a victim of rape to come forward, especially when you're making an allegation against somebody in a position of power, such as a deputy for the El Paso County Sheriff's Office," said Bussey.

11 News obtained a copy of an intent to sue letter, which was sent to the El Paso County attorney by Bussey.

The woman victim claims she was ticketed by Kwiecien for driving while intoxicated in December last year. According to the letter, she was taken to a hospital where blood tests were done before being released to her son.

Kwiecien allegedly texted the woman later that night and visited her house twice. According to the letter from her attorney, during the second visit, Kwiecien "took advantage of his position as a law enforcement officer and his knowledge of [her] intoxicated state to sexually assault [her]."

"[Law enforcement] have power over a person and in this case that power was exploited. The deputy took advantage of the situation for his own personal gratification and committed a horrendous offense against my client," said Bussey.

The woman's attorney said the exact amount of damages will be determined at trial, but the extent of her physical, emotional and economic injuries may exceed $10 million.

"When there's a deep violation of trust by someone who wears the uniform, by someone who has the badge, an there an opportunist that took advantage of a woman, there's no amount of money that can make a person whole. There's no amount of money that can turn back the hands of time to make this go away," Bussey said.

Kwiecien told 11 News over the phone, he had no comment on the allegations.