Commerce City Police Officer Out After Sexting, Steroid Scandal

By Brian Maass

COMMERCE CITY, Colo. (CBS4)- A CBS4 Investigation has learned Commerce City Police Officer Pedro Malave has resigned in the face of termination, after using his police cellphone to send and receive thousands of sexting messages with four different women while he was on duty.

Those messages include photos of his genitals sent to the four women and receiving nude photos of a female Commerce City resident, along with using his city-issued phone to attempt to procure illegal steroids.

Commerce City Police Commander Harold Chatman called the behavior "reprehensible" and told CBS4, "This isn't the professional image we want to convey to the metro area."

The extraordinary police conduct came to light when a Commerce City man found numerous inappropriate messages from Malave on his wife's cellphone late last year. He then filed a complaint with the Commerce City Police Department which launched an investigation that spanned several months. That investigation led to Malave's resignation on Feb. 4, the third resignation under a dark cloud by a Commerce City officer in the last four months.

In an email, Malave's attorney, Reid Elkus, said Malave was resigning "for personal reasons."

Commerce City police said he was about to be fired for 10 departmental violations including unbecoming conduct, conformance to laws, truthfulness, neglect of duty, leaving duty assignment and unsatisfactory performance.

Chatman said in about three months last year, Malave sent and received about 4,000 inappropriate sexting messages on his department-issued cellphone, primarily while he was on duty.

Chatman was asked, "This sounds like an officer who spent more time fooling around on his city phone than working?"

"It would be easy to draw that conclusion," said Chatman, "We did."

CBS4 tracked down one of the women Malave carried on with, Commerce City resident Misty Perry. She told CBS4 she met Malave last year and he seemed nice, respectful and trustworthy.

But she said after they got to know each other, "He started asking me for pictures of myself… naked pictures he wanted, so I gave it to him."

Chatman confirmed Perry's account was accurate and that nude photos were recovered from Malave's city phone.

Perry says over time, she texted six nude photos of herself to Malave's Commerce City Police Department cellphone. She says Malave used the phone to text her a photo of his genitals. Over the course of months, Perry says she and Malave would engage in lengthy sexting sessions while he was on duty, using his city-issued phone to send and receive intimate messages.

Perry said the messages were along the lines of, "If we were alone, what we would do to each other."

She said she would meet him multiple nights each week while he was supposed to be on patrol but that instead they would talk for hours.

"I didn't see him as a badge, I saw him as a friend," said Perry.

After months of sexting, Perry says the relationship cooled "and it seemed like all he wanted me for was pictures and sex conversations. He was using me."

Perry says the two never engaged in sexual relations.

Malave did not respond to inquiries from CBS4 and his attorney said there would be "no comment" in relation to how Malave was using his police department cellphone or any other issues.

In reviewing Malave's use of his department phone, Commerce City investigators found evidence he had also been using the city phone to attempt to procure illegal anabolic steroids.

They say they could never confirm he used the phone to buy the steroids, but Chatman said, "We forced him to take a blood test which confirmed he was taking steroids."

Chatman said the Commerce City Police Department presented the case to the district attorney's office, which declined to prosecute.

Malave, a married father, previously worked as a patrol officer for the Fort Morgan Police Department from 2009 through 2012 and received the Medal of Valor from Fort Morgan PD.
Malave is the latest in a string of Commerce City officers who have resigned in the face of termination and criminal charges.

Commerce City Officer John Reinhart resigned and was criminally charged this month for allegedly inappropriately touching three women in his custody. Another officer, Kevin Lord resigned last year and is facing criminal charges for allegedly shooting himself but blaming it on a phantom suspect.

CBS4 asked to interview Commerce City Police Chief Troy Smith who declined; saying through a spokesperson that Chatman knew more about the Malave case and was better equipped to answer those questions.

Chatman says his department is instituting more measures to maintain accountability within the ranks, including obtaining more feedback from citizens, auditing officers department phones and utilizing body worn cameras.

Chatman said Malave's conduct "although reprehensible, is not indicative of the vast majority of officers who put the uniform on every day."

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.