(PUEBLO, Colo.) — A federal lawsuit against a Pueblo Police Officer and the department’s chief is alleging that the officer tased an unarmed woman, and the department subsequently failed to implement the proper repercussions.
A federal lawsuit filed on Monday, Nov. 27, against Pueblo Police Officer Bennie Villanueva and Police Chief Chris Noeller has intensified scrutiny over alleged excessive force and the department’s response to internal investigations. This lawsuit stems from an incident in February 2022 involving the tasing of an unarmed woman, Cristy Gonzales, during an arrest, sparking allegations of improper police conduct.
The lawsuit contends that body camera footage contradicts Officer Villanueva’s assertion that Gonzales, 39, was attempting to run away. Instead, the footage purportedly shows Gonzales complying with police instructions, attempting to raise her arms as officers apprehended her. The footage captures the moment Villanueva discharged his taser at Gonzales.
After seeing this footage, the deputy district attorney prosecuting Gonzales’s case, who was getting arrested on suspicion of driving a stolen vehicle, made a complaint to the Pueblo Police Department (PPD) following the incident, alleging excessive force by Villanueva, according to the lawsuit.
Civil rights attorney Kevin Mehr, representing Gonzales, emphasized the apparent discrepancy between Villanueva’s actions and Gonzales’s compliance, “She starts getting on the ground. She’s nearly horizontal, almost laying on the ground and he tases her in the back.”
An internal affairs investigation into this incident and two other incidents involving Officer Villanueva’s improper uses of force with his Taser concluded that he used excessive force, in this incident involving Gonzales stating, “The body-worn camera footage of the incident shows the female cooperating with your verbal commands when you appeared to taser her in the back for no apparent reason.”
Mehr highlighted Colorado state law, indicating that findings of unlawful physical force require an officer to be decertified for at least a year. The lawsuit contends that Villanueva was neither terminated nor decertified. In their annual certification the Peace Officer Standards and Training (POST) Board, which is sent to the attorney general, PPD reported that none of their peace officers were involved in any disqualifying incidents.
In response to inquiries about the lawsuit and departmental procedures, PPD could not comment on pending litigation and did not confirm Villanueva’s current employment status. Yet, as of Nov. 27, the POST Board’s database shows Villanueva as a certified peace officer, currently employed by the PPD.
The internal affairs investigation noted that following the incident, Villanueva underwent four hours of de-escalation training and four hours of taser remedial training, in June 2022.
Presently, Gonzales is serving a six-year sentence at the Denver Women’s Correctional Facility for the crime in question, motor vehicle theft.
The lawsuit seeks injunctive relief against Villanueva, aiming to revoke his certification and prevent him from maintaining peace officer standards. Additionally, it calls for injunctive and declaratory relief against the Pueblo Police Department, urging corrections in their disclosures to the POST Board.
The legal action against Villanueva and Chief Noeller underscores ongoing concerns regarding police conduct, accountability, and adherence to state regulations within the Pueblo Police Department, inviting closer scrutiny into departmental practices and transparency.
