DENVER - State Rep. Laura Bradford (R-Grand Junction) told 9NEWS Wednesday morning even though the question will always be in the back of everyone's mind, she feels she was safe to drive the night she was pulled over by Denver Police.
"I know I would have passed the breathalyzer, which is why I kept asking the officers to take me in," Bradford told 9NEWS.
Denver Police admit they gave Bradford special treatment during a suspected DUI stop, even though they say she specifically told them she did not want special treatment, 9Wants to Know learned minutes before it was announced by the police on Tuesday. She also faces an ethics investigation in the Colorado House.
Officials say Bradford was pulled over on Jan. 25 just after 10 p.m. when an officer saw her making an illegal turn near Capitol Hill. During the traffic stop, the officer smelled alcohol on Bradford's breath and she admitted she had been drinking, police said.
The responding officer had called his supervisor after seeing Bradford's legislative license plates, and later came forward to Denver Police leadership saying that Bradford had gotten special treatment.
"We made a mistake. In [Denver Police Chief Robert White's] words, he's critically concerned with the actions of the supervisor," Denver Police Lt. Matt Murray said at a news conference on Tuesday afternoon. "We've initiated an internal affairs case, but with all that being said, we were wrong."
When she was pulled over, officers told her that she should be issued a citation for DUI, but instead, the sergeant called a taxi for Bradford and allowed her to leave the scene.
Murray says when the cab got to the scene, the sergeant asked Bradford if she had anything valuable in the car, and Bradford said she had a gun.
"The sergeant cleared the weapon to make sure it was safe, put it back in the vehicle, and then instructed the officer not to tell anyone about the weapon," Murray said.
It is a state misdemeanor offense to possess a firearm while under the influence of intoxicating liquor.
9NEWS Crime and Justice Reporter Anastasiya Bolton has learned the sergeant accused of giving Bradford special treatment is Sgt. Benita Packard. She is a 28-year veteran of Denver Police.
When Bradford was pulled over, Murray says she told officers she did not want special treatment.
"'I want to be treated like everyone else.' She made that statement several times during the stop," Murray said.
"The very test that would have incriminated me is the very test that would have exonerated me," Bradford told 9NEWS on Wednesday. "I don't know how I could have done anything different Wednesday night to change the course of events that has transpired since then, which is why I kept insisting to take me in. There wouldn't be any question today. If I would have had that test, and it will linger forever. That is my deepest frustration is that there will always be in the back of people's minds...that unanswered question. And there's nothing that I can do to eliminate that doubt in people's minds."
Denver Police learned about the alleged special treatment from the original responding officer.
"The chief is very proud of the officer for coming forward and doing the right thing," Murray said Tuesday.
When police initiated the traffic stop at Colfax Avenue and Downing Street, Bradford did not immediately stop and went two more blocks to 17th Street. When she did pull over, Murray says she almost hit another vehicle.
"The officers were professional and polite [that night]," Bradford told 9NEWS Wednesday. "I don't think they did anything intentionally inaccurate. I think they were following the policy as they knew it to be and instructed to follow through with."
Murray says Denver Police has initiated an internal affairs investigation into the matter.
"On behalf of Chief White, and the men and women of the Denver Police Department, we would like to extend our apologies to Rep. Bradford," Murray said. "She asked to be treated like everyone else, and we did not follow that."
Packard, the sergeant called to the scene of Bradford's stop, started in southwest Denver in District 4 and ended up in District 6 five or six years ago after being promoted to sergeant.
The Denver Police Protective Association says it cannot comment on Packard's case because the case is still under investigation.
Other officers told 9NEWS Packard has been a "steady, reliable officer" through her career.
"I am grateful and thankful that the police department came out yesterday with the statement that they made," Bradford said.
Ethics investigation
House Speaker Frank McNulty (R-Highlands Ranch) has requested an ethics committee to investigate whether Bradford was driving drunk and if she invoked legislative privilege to stop from being arrested.
"None of us have any pre-conceived notions of how this ethics committee will move forward, except for the fact that they will have the opportunity to review a series of information," McNulty said. "It's a charge we take very seriously."
He says Bradford will continue to serve as member of the Health and Environment Committee and keep serving as a member of the House.
"At the time she certainly understood the need for the house to conduct this investigation," McNulty said. "She has shown a willingness to move through this and to accept responsibility for her part in this."
McNulty says the most serious consequence she could face is expulsion from the House.
"There's no need for me to resign. I'm not resigning. I'm here to do the people's work," Bradford told 9NEWS on Wednesday. "I'm going to vigorously fight the Ethics Committee's actions to reach a conclusion of complete and total vindication and exoneration."
On Monday, Bradford addressed the State House floor about the issue:
"Colleagues and friends, it's with a deep sense of pain and remorse that I stand before you today. I am not above the law. I am bound to the same laws and standards as every other citizen. I am sorry that my actions have cast a shadow on this House and the entire General Assembly. Last Wednesday evening, I was pulled over by the Denver Police for traffic violations. I was driving my personal car with legislative license plates. In response to the officer's inquiries, I stated that I was leaving a legislative function and needed to be at the Capitol the next day. I responded to officers' questions. My statements were not intended to invoke legislative privilege. I am deeply sorry for my actions, and I apologize to each member of this body, to my constituents and to the people of Colorado."
Last week, Denver Police say they had let Bradford go because of a part of the Colorado Constitution that prohibits them from interfering with a state legislator who is leaving a legislative function. Tuesday, Murray said police had misconstrued that piece of information.
"I appreciate the Denver Police coming forward with this apology," McNulty said.
"There's no doubt that we need to add clarity and context to this thing called 'legislative privilege,'" he said. "Clearly it wasn't designed to be interpreted and implemented as it has been."
"I think [the incident] should be reviewed. In light of the whole situation, if what happened to me is the catalyst for that to happen. Maybe at the end of the day, that's something good that comes out of this whole horrible situation," Bradford said.
9Wants to Know obtained a copy of her calendar and the final event last Wednesday was an event hosted by oil and gas lobbyists - an Iron Chef competition to benefit the Girl Scouts of America.
Food and drinks were served. The lobbying group, the Colorado Oil and Gas Association, confirmed Bradford was there and said the event went until 6 p.m., but wouldn't say any more.
A Republican staffer said Bradford was leaving the bar Prohibition at the time of the traffic stop.
"I drive almost 35,000 miles a year," Bradford told 9NEWS Wednesday. "Sometimes 3,500 miles a month to Colburn, Grand Junction and Denver, and every single one of those miles has been responsible and legal."
Section 16 of the Colorado Constitution says:
"The members of the general assembly shall, in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses, or any committees thereof, and in going to and returning from the same; and for any speech or debate in either house, or any committees thereof, they shall not be questioned in any other place."
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