KEY POINTS

  • Former Colorado State Patrol officer Matt Mooney was handcuffed in front of his wife and daughter while playing in a reported near-empty park by their home in Brighton City, Colorado
  • Local police arrived shortly after and handcuffed Mooney for reportedly violating the state's shelter-in-place order that had closed the park
  • Mooney said he has hired an attorney and is considering pressing charges against the city

Colorado’s Brighton Police Department issued an apology to a former Colorado State Patrol officer who was arrested in front of his wife and 6-year-old daughter for violating social distancing rules under the state’s shelter-in-place order.

Matt Mooney, 33, was arrested while reportedly playing softball with his daughter at a near-empty park by the family’s home in Brighton City. However, several officers arrived shortly after they started playing and informed the family the park had been closed in compliance with the shelter-in-place order that runs through April 26.

“We're just having a good time, not near anybody else,” Mooney told ABC News in an interview Tuesday. “The next closest person is at least 15 feet away from me and my daughter at this point.”

Mooney said he told the officers his family was aware of the order’s guidelines and felt his family was not violating it. The officers asked for his ID, but Mooney said he refused because he felt did nothing wrong.

“Well, they didn't like that idea,” Mooney said. “They then proceeded to make a threat against me saying, ‘If you don't give us your identification, if you don't identify yourself, we're going to put you in handcuffs in front of your 6-year-old daughter.’”

Mooney was then handcuffed and escorted to one of the patrol cars, where he was held for nearly 15 minutes while one officer asked a supervisor how best to proceed. The incident was caught on camera by Kirby Wallin, a former Brighton City Councilman.

Brighton police issued an apology on the city's official website on Tuesday. Acting City Manager Marv Falconburg reportedly reached out to Mooney to try and set up an in-person meeting with themselves and Brighton Police Commander Frank Acosta. However, Mooney reportedly declined to attend the meeting.

Mooney expressed his frustration with the situation and said that his daughter was visible scared by seeing her father placed in handcuffs.

“She's learned that our constitutional rights are something worth standing up for,” Mooney said. “She got to witness a violation of civil rights. She got to witness an unlawful order by the police.”

He then said that despite enforcing the state’s social distancing order, the officers had left their masks on their belts and didn’t put them on at any point. This also frustrated Mooney because they could “be asymptomatic” and could have “exposed” his wife or daughter.

Mooney said he has hired an attorney and is considering legal action against the city.

Massachusetts police
Representational image of a police officer using his K9 to check a car near John Joseph Moakley United States Courthouse in Boston, Massachusetts, on April 6, 2015. Scott Eisen/Getty Images