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Police reports: After-school staff wouldn't send kids home with lawmaker before DUI arrest

Staff at the after-school program didn't want Rep. Matt Gray (D) to drive, particularly with his kids, police reports said. He said he was having a panic attack.

DENVER — Democratic Colorado State Rep. Matt Gray was trying to pick up his two kids from an after-school program when he was arrested on suspicion of driving under the influence on Thursday.

According to an arrest report, Gray, who represents Broomfield, arrived at Coyote Ridge Elementary School to pick up his kids just before 5 p.m. Thursday, but staff were concerned he might be intoxicated.

Staff at the after-school program wrote in their police reports that they told Gray they could not let his kids leave with him and they did not want him to drive home because of the way he was acting.

Broomfield Police were called to the school and spoke with Gray outside.

Broomfield Police Sgt. Josh McCollum wrote in his report that Gray told officers "Just know [17th Judicial District Attorney] Brian Mason is my friend." McCollum also wrote that Gray said, "something to the effect of 'explicitly' not to treat him differently than we would a normal person."

When reached by phone on Monday, Gray told 9NEWS political reporter Marshall Zelinger that he told officers not to treat him any differently than they would anybody else.

Officer Dashawn Abram wrote that Gray refused to do a voluntary roadside sobriety test and also refused to use a portable breath tester.

RELATED: State representative arrested for suspicion of DUI near Broomfield school

Credit: Broomfield PD
Matt Gray

Abram wrote that Gray's eyes were bloodshot red and glossy and that he appeared unsteady on his feet, slurred his words and had trouble finishing his thoughts.

Abram also wrote that he told Gray that he smelled of an unknown alcoholic beverage and that he appeared to be on some type of controlled substance. Gray denied both.

Other officers also wrote that Gray had bloodshot eyes and had trouble with speech.

Ofc. Layne Nelson wrote in his report that he looked in Gray's vehicle for alcohol containers but did not see any.

According to Abram's report, Gray denied drinking prior to picking up his kids, and said he was having a panic attack. He also wrote that Gray told him to look at the "excellent parking job hid did prior to walking into the school," as he talked more about having mental health issues.

In a now-deleted tweet from Friday, Gray posted, "As many of you know, yesterday I was arrested on suspicion of DUI. I was not intoxicated, but my symptoms of anxiety and depression are such that too many people are worried when they're around me. I'm going to increase my level of therapy and appreciate all the support."

Credit: Twitter

According to the report, Gray called State Sen. Faith Winter (D-Westminster) to pick up his kids. Winter confirmed to 9NEWS that Gray called her saying he was having a panic attack and asked whether she could pick up his kids.

Ultimately, the kids were picked up by their mom.

Additionally, Abram wrote in his report that Gray told officers that he was a district attorney's prosecutor who had prosecuted DUI and domestic violence cases.

Sgt. McCollum wrote that he saw Gray become upset when other officers told him that his wife was contacted.

McCollum wrote that Gray put his hands in his pockets. After the sergeant asked him to remove his hands from his pockets, McCollum wrote that Gray said, "Oh for ff!" McCollum wrote that Gray put his hands in his pockets again and pulled out the contents including a folding knife.

WATCH: Body cam footage showing Gray's arrest (may contain offensive language)

The 17th Judicial District Attorney's Office, which covers Adams and Broomfield counties, confirmed that Gray was previously a deputy district attorney in that office.

Because of that, District Attorney Brian Mason recused his office from any case involving Gray. The 1st Judicial District Attorney's Office, which covers Jefferson and Gilpin counties, agreed to take over any case, the DA's Office said.

After learning of Gray's arrest, Democratic House Speak Alec Garnett released a statement.

"I am deeply saddened and disappointed to learn of [Rep.] Matt Gray’s arrest. I don’t have all the facts at the moment, but it’s my belief that he has been struggling with alcoholism for some time now. I’m very thankful no one appears to have been hurt, and I strongly believe he needs to take time - beginning right now - to get the help he needs," said Garnett (D-Denver).

“We may debate policy and argue fiscal issues — but all lawmakers, despite our party affiliation, are Coloradans and we care for our state and for each other as people. I and the Republican Caucus are concerned about the early reports involving Rep. Matt Gray’s arrest but we support the Speaker’s plan to address the matter. We will continue to pray for Rep. Gray and his family," House Minority Leader State Rep. Hugh McKean, R-Loveland said in a statement.

Gray is the first state lawmaker known to be arrested on suspicion of DUI since 2016 when Democratic State Rep. Dan Pabon was arrested on St. Patrick's Day.

Denver Police body worn camera video of that traffic stop showed Pabon bring up his position as a lawmaker and request the officer call his supervisor.

Pabon pleaded guilty and was sentenced to probation and community service.

In 2012, Republican State Rep. Laura Bradford was pulled over by Denver Police on suspicion of DUI.

Police said she failed a roadside sobriety test, but was sent home in a taxi, without doing a blood or breath test for alcohol.

Initially, police said that Bradford asked for legislative immunity, preventing lawmakers from being detained during the legislative session. Police admitted that never happened and that Bradford asked to be treated like anyone else.

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