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DA: Sheriff's deputy pointed a gun when he was 'served' at his home

According to court documents, Bret Martin Carbone opened the door holding a pistol, pointed it at the process server and said, "Get off my property."
Bret Carbone mug shot.

A Denver sheriff's deputy has been charged with felony menacing after being accused of pointing a handgun at a man trying to serve him with collections papers, according to court documents obtained by 9Wants to Know.

The incident, which occurred Nov. 6 at deputy Bret Martin Carbone’s Adams County home, was captured on video by the process server, according to an arrest affidavit.

Carbone, 46, faces a single count of felony menacing with a weapon.

According to court documents, the incident unfolded at a home in the 11800 block of Granby Street in Commerce City when a process server tried to hand Carbone papers filed by a collections agency. The man who answered the door said Carbone wasn’t home, identified himself as “John” and said “he was only there for the dogs,” according to the arrest affidavit.

The process server – who uses a cane and had braces on his wrists – retreated to his car to look up Carbone and another person on Facebook. When he did that he realized the man he’d talked to was Carbone, according to the affidavit.

So the server went to the door again. This time, according to the document, Carbone opened the door holding a pistol, pointed it at him and said, “Get off my property.”

The man ultimately served Carbone with the papers, then called police.

He also recorded the incident on video and provided that to officers.

“The video shows Mr. Carbone opening the door with a black pistol in his right hand,” the affidavit said. “I observed Mr. Carbone waving his pistol” while telling the man to get off his property.

Carbon told responding officers that he did go to the door with his gun because he did not know who was there but denied pointing it at the man, according to the affidavit.

Carbone has worked for the Denver Sheriff Department since Jan. 4, 2016. He was placed on investigatory leave the day after the incident and is facing two allegations of improper conduct, according to documents obtained by 9NEWS.

Process servers work to present formal notification – a constitutional right – to those being “served,” or named in a legal lawsuit or filing.

Carbone’s next court appearance, a disposition hearing, is set for Dec. 19.

Contact 9NEWS reporter Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862