Denver City Council unanimously approved a $125,000 settlement to a man who claimed he was falsely accused of a crime, which led to a short stint in jail and a five-month legal battle.
In a lawsuit filed in July 2023 against Denver Police Department Detective Mark Matthews, Scott Carey and his lawyers at the Civil Rights Litigation Group alleged that he was falsely charged with stealing a commercial truck based on minimal evidence.
In Carey’s lawsuit, he requested relief for “loss of liberty, emotional distress, dignitary injuries” and financial costs associated with his defense.
What we know about the case
The lawsuit said two trucks belonging to Diamond Drilling and Sawing Company were discovered missing from the company lot in April 2022. A witness said he saw one truck being driven by a Hispanic male in his 30s or 40s. When the trucks were recovered, Denver police were able to lift five prints from the scene.
Carey’s fingerprint was allegedly discovered on the door of an external tool compartment that wasn’t connected to the truck.
The lawsuit alleges the evidence was mislabeled as having been pulled from inside of a stolen truck.
Detective Matthews allegedly wasn’t aware of the mistake during his investigation into Carey, a white male in his 60s who didn’t match the description of the suspect.
Lawyers argued that Matthews’ affidavit which established probable cause was based on inaccurate evidence and a misrepresentation of Carey. The plaintiff has a criminal record of theft, drug possession and assault, but lawyers said he hasn’t been arrested in 10 years.
A warrant for Carey’s arrest was issued in May 2022. Three months later, Carey was arrested in Arapahoe County. He spent four days in Arapahoe County Jail before being transferred to Denver Detention Center, where he spent one day.
According to the lawsuit, the criminal prosecution against Carey lasted over five months. The case was dismissed in January 2023, for reasons that are not immediately clear.
The Denver Police Department has not responded to CPR News’ request for comment.
