Police investigated an alcohol-fueled disturbance involving Ouray County Sheriff Lance FitzGerald during a law enforcement convention in Loveland last week.
According to records from the City of Loveland, which the Ouray County Plaindealer obtained using the Criminal Justice Records Act, FitzGerald and his girlfriend, Jamie Johnson, called the police on each other after an argument. The incident comes only six weeks after a previous domestic incident involving the couple, in which both FitzGerald and Johnson were arrested by one of FitzGerald’s deputies after the sheriff called his employee and reported that Johnson hit him.
Loveland police officers responded to FitzGerald’s room at the Embassy Suites, after both parties called 911 just before midnight on Jan. 7. Earlier in the day, FitzGerald and Johnson had checked into the hotel for the joint conference of the County Sheriffs of Colorado and the Colorado Association of Chiefs of Police, where more than 120 law enforcement officers were meeting for a convention.
Five officers were assigned to the incident, according to the dispatch records.
According to the dispatch records, FitzGerald reported Johnson hit him in the back of the head and threw his phone in the hallway. Johnson told dispatchers FitzGerald had been driving while intoxicated and was recording her on his phone while she was wearing a tank top and underwear.
“Lance began recording Jamie in her shirt and underwear. She did not like it, she tried to keep him in another room away from her, when he opened the door, she tried to pull it closed and he put his hand in her chest pushing her back,” according to the incident report. “She immediately ran into the bathroom, locked herself in and called 911.”
However, FitzGerald also called 911 himself and later told police he was recording Johnson because she was “out of control,” according to the report.
Dispatch notes indicate Johnson was “very” intoxicated and FitzGerald said he had one beer.
FitzGerald had a loaded gun in the hotel room with him at the time, according to dispatch reports.
After responding to the hotel room and interviewing both FitzGerald and Johnson, the officers noted they didn’t have probable cause to arrest either of them. One noted in the incident report, “Spoke to Lance, sheriff of Ouray Co, he said they argued and Jamie hit him, showed me video, which did NOT show anyone being hit.”
Though there is a restraining order between FitzGerald and Johnson, it allows contact between them, according to police records. The couple has been living together for a few months at FitzGerald’s home in Elk Meadows, since Johnson moved to Ridgway from Utah.
“Both parties agreed to stay away from one another,” the officer wrote, noting Johnson said she would contact relatives who lived nearby and planned on staying with them.
Johnson left the hotel and stayed with relatives for the remainder of the conference, FitzGerald said, but he picked her up and they traveled back to Ridgway together on Sunday. FitzGerald attended the remainder of the conference.
The morning after the incident in the hotel room, leaders with the County Sheriffs of Colorado were briefed on what happened, according to then Board President Tony Spurlock, the Douglas County sheriff.
“We just said we’ll let the local authorities conduct their investigation, he said. “At that point, it wasn’t up to us to intervene.”
Spurlock said he’s been a sheriff for five years and he can’t remember a time when law enforcement was called to respond to an incident at a conference with a member of the sheriff’s organization.
“I believe this is the first time,” he said.
In an interview with the Plaindealer on Tuesday, FitzGerald said the argument between him and Johnson at the hotel began after the couple went swimming and enjoyed a drink at the hotel bar, and then came back to the room and drank more beer they had stocked the mini-fridge with themselves. He said the disagreement involved a comment Johnson made previously about a hotel employee and his reaction to that but would not elaborate.
“I didn’t like what she was saying it and it kind of escalated from there,” he said.
FitzGerald decided to call 911 at the same time Johnson called, to protect himself.
“She was all upset and she made threats that she was going to call police and when she did that, I called at the same time,” he said. “I know that the line is recorded and because we had the previous incident I didn’t want to have a misunderstanding or one side of the story.”
FitzGerald said he doesn’t know why he didn’t leave to avoid the situation.
“Pride, stubbornness, I don’t know,” he said.
FitzGerald said he took Johnson to the convention because he envisioned it would be a nice getaway for them, and activities were planned for significant others. He was looking forward to something fun, as he said the couple keeps to themselves and doesn’t go out much in Ouray County anymore since the incident in November, when they were both arrested.
The previous incident between FitzGerald and Johnson in November started during a night of karaoke and drinking at local bars. FitzGerald became jealous when Johnson was singing with other men and demanded they leave, according to court documents. On the way home, Johnson hit FitzGerald in the face when he was driving, and he later called his own deputy to report the alleged assault.
The deputy responded to FitzGerald’s home and ended up arresting both parties — Johnson for suspected domestic violence and FitzGerald for alleged DUI. FitzGerald is fighting the DUI charge, and a special prosecutor was appointed to handle the case from a neighboring district attorney’s office, to avoid conflict of interest.
“I’m disgusted with things and how they happened,” FitzGerald said. “How I wish I could take the time back, make it different, but it did happen. And now I’m just trying to work through it in the most effective, professional and legal ways.”
When asked how the incident in Loveland at the sheriff’s convention was professional, he responded with an analysis of Johnson’s behavior.
“I can’t control what she does,” he said. “Everybody has differences.”
When asked about his own behavior, he said he’s “working forward as best as I can.”
FitzGerald said he’s still in a relationship with Johnson but “it’s not going well.”
When asked what his plan is to make these incidents stop, FitzGerald responded by describing how he and Johnson are working on their relationship.
“The incident between me and Jamie is kind of a private, personal relationship,” he said.
When the Plaindealer asked him again how he could stop these incidents from happening and affecting his professional role, he responded, “You can’t really control personal issues. Things do happen, you have your disagreements, and unfortunately people get heated or have a disagreement so you can’t really control that, you know?”
FitzGerald said he is visiting with a professional therapist every few weeks. He said it is not an alcohol treatment program but characterized it as counseling.
He said he does not believe he needs alcohol treatment.
“I don’t believe that I have an alcohol issue,” he said.
When asked where the line is between social drinking and alcoholism requiring treatment, FitzGerald said he’s not sure where the definition is.
“I couldn’t tell you on that,” he said.
FitzGerald said he’s aware of recall efforts in the county but he has no plans of stepping down.
When asked what his first priority is at this time, he responded that getting through his DUI case is first on his list and he feels some “inappropriate actions” were taken when he was arrested by his own deputy. He also said not getting recalled during his first term is a goal.
“There are a lot of people out there that are in support of me,” he said.
He added he hopes people will consider letting the DUI case resolve before making further judgment.
“Things do happen in life and sometimes it’s not always under your control,” he said. “Trying to change a person’s behavior is very difficult if that person isn’t going to do their part.”
Editor’s note: The Plaindealer obtained the 911 recording in this story and it is available if you click here.