Aurora interim chief promotes commander after internal board recommended discipline

As Aurora renews its search for a new police chief, the department's interim chief, Dan Oates, is attempting to swat away criticism after his own review board recommended he discipline one of his close department associates for conduct unbecoming an officer. Instead, Oates rejected the findings of an exhaustive internal affairs investigation, and also rejected a recommendation by his review board for corrective action, and instead promoted Commander Cassidee Carlson to Division Chief of Patrol, sparking claims of favoritism and once again roiling the department in controversy.

"The promotion is a bad look," said Aurora City Councilwoman Danielle Jurinsky.

Carlson became the subject of an internal affairs investigation in November 2021 when she assisted another officer, Detective Julie Stahnke, who had been involved in a domestic violence incident with her wife at their home in Denver. Carlson and Stahnke are good friends according to Carlson. Denver police arrested Stahnke Nov. 22, 2021, charging her with domestic violence-related assault, and jailed her.

Before Stahnke was released from jail Nov. 23, she was issued a standard protection order forbidding her from being within 100 yards of the home she shared with her wife. But according to the Aurora Police Department's own internal investigation, Carlson picked Stahnke up from jail at about 9 p.m., then drove her to her home on the 500 block of South Logan Street to retrieve her truck, allegedly violating the conditions of  Stahnke's protection order. The truck was parked on the street, 26 feet from the home. 

The following day, Nov. 24, Carlson again returned with Stahnke to the home where the pair removed property from the house, then returned it, allegedly violating conditions of the protection order for a second time. Stahnke was then criminally charged in Denver with violating the protection order. She is scheduled to face trial on Nov. 10. Stahnke was on paid administrative leave from the Aurora Police Department for nearly a year. Carlson was not criminally charged as Denver police opted not to pursue a criminal case against her.

But an Aurora police internal affairs investigation was launched into Carlson's participation in the multiple trips to the victim's home. 

According to Aurora's own internal affairs probe, "Commander Carlson's conduct... may have brought the Department into disrepute. It is further alleged that during the IA investigation, Commander Carlson willfully or knowingly made false, untruthful and/or incomplete statements and/or omitted material facts."

Carlson told internal affairs investigators she had no idea a protection order was in place restricting Stahnke from being within 100 yards of her home when she picked Stahnke up from jail. 

"No, I was not aware of that," Carlson said during an initial January 2022 internal affairs interview. 

But during a second internal affairs interview a month later, Carlson said she was aware a protection order was in place around the time she entered the home with Stahnke. 

"I didn't intentionally omit it," she told IA investigators. 

"I already figured there was some sort of protection order," said Carlson during the second interview. "I still didn't know any stipulations of the restraining order."

Carlson has been with the Aurora Police Department since 2003, serving in a wide variety of roles, including as Deputy Commander of the Internal Affairs Bureau. Other officers have told CBS News Colorado. Carlson was likely well aware that protection orders were issued following domestic violence arrests. She did not respond to email and text inquiries from CBS News Colorado.

The second time she returned to the home with Stahnke, Carlson told internal affairs investigators she first reached out to a "contact" and "buddy" with the Denver Police Department, Cody Davison, to help with what is known as a "civil assist" — a way for police to supervise suspects under restraining orders when they want to retrieve property. But Davison told Carlson that department rules prohibited him from helping out.  

In February 2022, Aurora internal affairs investigators talked to Davison who told them he was not just a "buddy" of Carlson's but was actually her cousin. Carlson never revealed the relationship when interviewed by Aurora police investigators. "She did not inform IAB investigators that Cody Davison was her cousin," according to the Aurora internal affairs case. When asked about not revealing her relationship with Davison she said, "it was not an intentional omission."

Asked why she hadn't told investigators about the familial relationship, Carlson said, "I really don't see the relevance." 

Davison told internal affairs investigators the protection order was discussed with Carlson around the time she entered the home with Stahnke on Nov. 24.

The internal affair allegations were that Carlson broke the law, engaged in conduct unbecoming an officer, and made a false or untruthful declaration. Stahnke's wife told CBS News Colorado she was taken aback to learn that an Aurora police commander was involved in allegedly helping another officer violate a protection order. "I was surprised and disappointed that an APD commander wouldn't abide by the same laws and standards that they hold others accountable for. At this point," said the woman, "I do not trust the APD and unless changes are made I will remain in fear of the officers within the department."

The Carlson internal affairs case was forwarded to the Aurora Police Chief's Review Board which recommended that the facts supported the finding that Carlson did engage in conduct unbecoming an officer and that the charge should be sustained. The CRB recommended the other two charges not be sustained.

Interim Chief Dan Oates, who ran APD from 2005 through 2014, promoted Carlson to run his critical media relations unit during his initial service with the Aurora Police Department. 

After reviewing the CRB recommendations, Oates wrote that he had reviewed the entire IAB case on Carlson, adding, "I find that the charge of Conduct Unbecoming is not supported by the evidence in the IAB file. I reject the recommendation of the CRB and deem that the charge of Conduct Unbecoming is NOT SUSTAINED."

Deputy City Manager Jason Batchelor concurred with Oates' assessment and the order dismissing the IAB case against Carlson was signed June 29. 

At the same time, the commander of the internal investigations unit, the lieutenant who worked on the Carlson case, and a sergeant who was also on the case, were all removed from internal affairs and reassigned to other duties.

Three days after signing the order dismissing the internal affairs case against Carlson, Oates promoted her to Division Chief of Patrol, making her one of the top-ranking executives in the department.

Councilwoman Jurinsky calls what happened "favoritism" and "the same old same old," adding, "I have concerns about the entire process."

Oates declined to be interviewed by CBS News Colorado about Carlson, her internal affairs case, and her subsequent promotion.

In a written statement to CBS News Colorado, Oates said, "As chief, it is my sole responsibility to decide what discipline is appropriate. My record is clear. I know how to hold cops accountable for misconduct. But when an internal affairs investigation does not prove misconduct, it is also my job to stand by that finding as well. I reviewed the entirety of this matter. Chief Carlson did not engage in misconduct. My boss and the APD's legal advisor supported my decision. Chief Carlson has my every confidence. I am saddened that someone is unfairly attempting to discredit the reputation of one of our employees."

A spokesperson for Oates said that transferring the commander, lieutenant, and sergeant out of internal affairs following the Carlson investigation was part of a "structural reorganization... redeploying numerous personnel." 

CBS News Colorado has learned two out of the three officers who were transferred out of internal affairs following the Carlson investigation have now resigned from the department. None of the three former internal affairs officers responded to inquiries from CBS News Colorado.

On the transferring of the internal affairs officers, Jurinsky said, "felt like retribution to me and I'm sure it did to those officers... I wonder about the integrity of the entire process."

Stahnke was on paid administrative leave for nearly a year. But as CBS News Colorado was investigating the case, the department suddenly ordered Stahnke back to work on October 1, 2022 in a non-enforcement role. That was five months after Oates began as interim chief. Asked why Stahnke was suddenly brought back to work, a department spokesperson responded, "The Chief decided that it was a waste to have Det. Stahnke sitting at home on full pay and that there is plenty of productive work to be done here at the department."