TOV Manager Letter / My Response
February 10, 2021
Mr. Montag,
It has come to my attention through complaints to the Town Council and our Police Department that you are not satisfied with the Vail Police Department’s response to the November 19th, 2020, incident at 433 Gore Creek Drive. After meeting with our Chief of Police on the matter, I understand that Commander Kenney attempted to speak with you about your concerns recently, but unfortunately that phone call ended with you yelling profanities at the Commander and hanging up. Based on the issues you address on your website 
www.vailpolicedepartmentisacriminalgang.com, Commander Kenney has completed a review of this incident which is summarized below.
Officer Balderas conducted a thorough investigation of this incident and issued Mr. Martinez a summons for trespassing. Your allegation of special treatment for Mr. Martinez because he was not physically arrested is unfounded. The decision to not physically arrest Mr. Martinez was based on several factors; current Vail Police Department’s standard operating procedure, COVID-19 protocols, and Eagle County Detention Facility (ECDF) was only accepting certain felony crimes due to COVID-19.
Your allegation of improper charges being filed is also unfounded. The crimes you suggested; harassment, menacing and weapons offenses do not meet the statutory requirements needed to support an arrest. “Menacing” requires the victim to be in fear of imminent serious bodily injury. It is difficult to prove “fear” because you never disengaged with Mr. Martinez or showed fear at the time of the incident. On the contrary, according to Officer Balderas you threatened to, “knock the crap out of Mr. Martinez”. During the incident, you had every opportunity to go back inside the home and close the door and, Mr. Martinez never threatened imminent serious bodily harm or took steps to engage physically, both statutorily required to make an arrest.
The definition of “harassment”, calls for repeated taunting in a way likely to provoke an unlawful response (fighting words). Mr. Martinez’ statement, “I’m going to kick your ass if I don’t get my check”, does not rise to the level of fighting words. The courts have ruled in the past that these fighting words cannot have an exception (eg. if I don’t get my check) and must be followed by some action to initiate physical violence (eg. a step toward victim, clenching fist, etc.). Mr. Martinez in fact took the unusual step of removing his glasses and allowing and encouraging you to hit him first. His actions make harassment a very difficult offense to charge.
Weapons offenses do not apply to this incident. Mr. Martinez had a small pocketknife in his pocket. It was never brandished, mentioned, or alluded to. Mr. Martinez is an electrician and along with countless other Coloradans, he carries a pocketknife. This information was not in the police report because it had no bearing on the incident and impossible to charge.
The most important fact to consider when addressing your concerns about Officer Balderas’ charging decision, is that officers have discretion as to what they charge based on a totality of the circumstances. Officer Balderas’ decision to charge Mr. Martinez with trespassing was appropriate and in line with the results of the investigation. Last, your allegation that the case number was changed to hide the report is also unfounded. The case number is 20-1372 which is the same case number today as the day the case was initiated. The additional case number is the Municipal Court’s case number due to the fact the Vail Police Department and the Municipal Court are separate entities and have different case numbers to track cases.
If there are additional items that apply to the Vail Police Department you would like to discuss related to this matter, please feel free to contact Commander Ryan Kenney (970) 477-3433. Thank you.
Scott Robson
Town Manager, Town of Vail
Town of Vail
| Re: Response to Police Department Complaint-433 Gore Creek Drive |
This is my response.
Firstly, you have not addressed the issue of the Vail Municipal Court refusing my entry to an open court proceeding and breaking the following laws;
The following are Colorado Laws;
Secondly, The Charge of Menacing is warranted and meets every definition required for arrest and charging in the statute; If you don't think that there was fear then you should not rely on Officer Balderas account of the incident and you should listen to the 911 call recording for yourself. If you don't think that telling someone if they come any closer they will get the crap knocked out of them shows fear then what would denote fear? I say this to Martinez as he is moving forward towards me with his fists clenched. If you watch the police body camera video you will see me talking to the police officer and you will see and hear me talking about the fear that this has caused in me. This incident has caused me immense emotional stress.
I filed for a protection order and was granted a temporary protection order the same day. Why would a judge do this if there wasn't probable cause for menacing and harassment? He has the same evidence that you have.
VailPoliceDepartmentisacriminalgang.comBy not disengaging with Rudy Martinez it unequivocally shows fear that Martinez would damage the property. And I say so in the 911 call. That is why I did not disengage with Mr. Martinez. It is plain as day on the 911 call recording. If you had actually looked at the evidence instead of relying on a corrupt police officers interpretation of the evidence you would see this for yourself.
Why would I call 911 if I wasn't in fear that something bad was going to happen?
I did the right thing by calling the police and now I am being treated like I'm the criminal.
Rudy Martinez is treated like a celebrity.
You state that Rudy Martinez never threatened imminent serious bodily harm or took steps to engage physically.
Please tell me how I'm going to knock the shit out of you isn't imminent threat of serious bodily harm?
He says this repeatedly on the 911 call. You can hear him coming forward towards me as I tell him to stop or he was going to get the shit knocked out of him. Why would I tell him to stop if I wasn't afraid something bad was going to happen? If I wasn't afraid of what was happening why wouldn't I just kick the shit out of him? I would just kick the shit out of him if I wasn't afraid of what was happening. I had no idea if he had a gun on him or if he had a knife on him. If I wanted to handle this myself I wouldn't have called 911 would I?
Your allegation that;
"The courts have ruled in the past that these fighting words cannot have an exception (eg. if I don’t get my check) and must be followed by some action to initiate physical violence (eg. a step toward victim, clenching fist, etc.)." You say, "Mr. Martinez in fact took the unusual step of removing his glasses and allowing and encouraging you to hit him first. His actions make harassment a very difficult offense to charge."
There is nothing in the statute that says this. You have not provided any case number as reference for any Colorado courts ruling. Without any kind of reference why should I believe that this is true? This wouldn't stand in a court of law. Without some type of reference to the cases you are referring to this is make-believe. Fantasy. A lie.
These are text book fighting words. He is taunting me with fighting word and trying to get me to come out of the house and fight. His actions make harassment charges as easy as they could possibly be. This is all caught on the 911 call recording.
It is plain as day that this incident was premeditated and planned for and by Rudy Martinez. It is also plain as day that he was repeatedly using fighting words. It is also clear that he was moving forward towards me as I told him to stop and stay where he was.
No officer handles the knife, measures the knife, or opens the knife with the switchblade lock. So, to state that this knife does not meet the statutory requirements is unknowable as the police officers did not handle it or measure it or included in the police report. This is a crime. This is a weapon that was on the perpetrator while committing a crime. If it was 2 inches long or 3 1/4 inches long it wouldn't make it less dangerous if somebody pushes it through your neck.
Rudy Martinez is bringing a large hunting knife to a fistfight. That is what he wanted. That was why he was there. He was there because he wanted to fight. To say that this knife was small is a straight up lie. You can see that it's as big as his whole hand. There is a picture on my website. You could look at the video and find it yourself.
I want you to listen to the conversation that I had with Cmdr. Kenney. I have posted this on the website. He is obviously biased and full of assumptions based on nothing.
VailPoliceDepartmentisacriminalgang.comCmdr. Kenney did not review all of the evidence before he called me. You can hear in his voice that this was not a call to myself to explain why charges weren't levied against Rudy Martinez. He had already made up his mind without looking at the evidence and making assumptions out of thin air. This was a call to blow me off and hide these crimes. Here he is calling me two months late to discuss these issues.
I asked Cmdr. Kenney why he called me due to the fact that this case has been adjudicated and is closed according to Ms. Debbie Duran at the Vail Municipal Court. What was his answer?
My civil rights have already been violated. I was not allowed my rights under the following are Colorado Laws;§ 24-4.1-302.5 – Rights afforded to victims§ 24-4.1-303 – Procedures for ensuring rights of victims of crimes
I have been severely emotionally traumatized by this incident. Not only by the fact that Rudy Martinez threatened my safety and well-being but also traumatized by the Vail Police Departments disrespectful handling of the case.
I am not the criminal in this case but I am being treated like one.
The fact of the matter is that menacing and harassment charges could easily be brought against Martinez for this incident. The evidence is the evidence as outlined above and on the web site is overwhelming.
Now you, Scott Robson, the Town Manager are lying to me about the harassment statute. No? Show me the case law.
You making assumptions without actually looking at the evidence about the menacing statute. It is clear that you, Scott Robson, The Town manager and Commander Ryan Kenney are making assumptions about this incident without actually looking at the evidence. From my conversation with Officer Balderas I don't believe that he looked at all the evidence either. I posted this conversation on the web site.
Here I am listed as the victim on the police report. I am being treated like a criminal. My rights have been violated. My peace of mind has been violated. The perpetrator Rudy Martinez, is treated like he is a celebrity. Rudy Martinez gets $160 fine and a deferred sentence. I get treated like a criminal.
Charges should be brought and a jury should decide on whether the charges are warranted.
The case should be moved to another county as Eagle County Justice is corrupt.
Judge Buck Allen adjudicated this case without proper input from the victim. This is a crime.
Prosecutor Inga Causey adjudicated this case without proper input from the victim. This is a crime.
It is clear that you are not treating me with respect. It is clear that you are violating my rights. It is clear that the Vail Municipal Court is and has covered up this incident.
Had I not built a web site exposing your crimes I would have never heard from from you.
I will not stop exposing your crimes until I receive the justice that I deserve.
Sincerely,
Bill Montag
W. B. Montag / Home Improvement & Repair Co.W. B. Montag Radon Services LLC
-----Original Message-----
From: Scott Robson <
SRobson@vailgov.com>To:
wbmontag@aol.com <wbmontag@aol.com>Cc: Ryan Kenney <
RKenney@vailgov.com>Sent: Thu, Feb 11, 2021 11:26 am
Subject: Response to Police Department Complaint-433 Gore Creek Drive
Mr. Montag,The Town of Vail is in receipt of your emails expressing concerns about the incident you reported on November 19, 2020 at 433 Gore Creek Drive. Please see my attached letter summarizing the Town’s review of the incident. If there are additional items that apply to the Vail Police Department you wish to discuss related to this matter, please contact Commander Ryan Kenney at (970) 477-3433, or
rkenney@vailgov.com. Thank you. Scott RobsonTown Manager srobson@vailgov.comvailgov.comtwitter.com/vailgov 
