By Brian Maass

DENVER (CBS4)– An off-duty Glendale police officer, who was charged with a felony for allegedly assaulting and spewing racial slurs at an Uber driver, has been allowed to plead guilty to disorderly conduct, a petty offense, in a plea bargain with the Denver District Attorney’s Office. Robert Kelly, 44, received probation and community service. He has resigned from the Glendale Police Department.

(credit: Denver Police)

He was arrested in the early morning hours of May 27 outside of Union Station after an Uber driver said Kelly had punched him twice and spewed racial slurs at the driver. According to a police report, the driver said Kelly came up to him and stated, ”See how f— your lips, how f—– black you are,” and then punched him twice.

(credit: CBS)

The victim told police he believed the assault was bias motivated and told police “he felt that Kelly hit him due to the color of his skin.”

Prosecutors ultimately charged Kelly with a felony count for a bias-motivated crime with bodily injury, along with misdemeanor assault and disorderly conduct.

(credit: CBS)

However, court records show prosecutors allowed Kelly to plead guilty to disorderly conduct on Nov. 9, a petty offense, and all other charges were dropped. Kelly was sentenced to one year of unsupervised probation and 48 hours of community service.

Following the plea, CBS4 obtained Denver police body cam video of the arrest of Kelly. He repeatedly tells police they have the wrong man.

(credit: Denver Police)

”I did nothing… was walking down the street,” insists Kelly. ”I guarantee you it was not me. I just literally got here.”

But after the Uber driver identifies Kelly as his assailant, police arrest the off duty Glendale officer and he makes it clear to Denver cops who he is.

(credit: CBS)

“I’m a cop,” says Kelly, as he is being handcuffed.

One of the Denver officers responds, ”Well, that’s disgraceful.”

When asked by a Denver officer why he is being hostile, Kelly is heard saying, ”Are you kidding me? I’m a f—ing cop and you’re treating me like this?”

(credit: Denver Police)

Kelly asks, ”This is how you guys do business?”

A Denver officer responds, ”This is how you forced us to do business.”

(credit: CBS)

An attorney for Kelly did not respond to messages from CBS4 seeking comment about the case and its resolution.

Captain Michael Gross, with the Glendale Police Department, said, “The conduct depicted in the video does not reflect the high standards of the Glendale Police Department.”

(credit: Denver Police)

Gross said Kelly served with Glendale from February 2014 until he resigned Oct. 12.

Maro Casparian, a spokesperson for the Denver District Attorney, explained the plea bargain saying, “We were unable to prove beyond a reasonable doubt that a bias motivated crime occurred.”

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


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