LAKEWOOD, Colo. — A third-party review found that allegations against the director of the Colorado Bureau of Investigation, who was accused of, among other things, giving preferential treatment to an agent who was disciplined for using a racial slur, lacked merit and no wrong-doing had occurred. The director also announced that he would retire on May 2.
The review, ordered and paid for by the Colorado Department of Public Safety after a series of Denver7 Investigates reports, determined that disciplinary action is not warranted against CBI Director Chris Schaefer, and that he had recused himself from the matter because of his friendship with the disciplined agent.
In CBI's press release published on late Monday afternoon, Schaefer said he had always planned to leave the Department of Safety just after his 30-year anniversary with the organization, but he felt it was important to delay that announcement until the third-party review was finished. He became CBI director in February 2023.
Inside sources have told Denver7 Investigates that this news is not being received well among some of the rank and file within CBI, with one person calling the third-party review findings "ridiculous."
“I want to emphasize that I have not been asked to retire," Schaefer said in the CBI press release. "In fact, I have received nothing but support from my colleagues with the Department of Public Safety.”
In early October 2024, Denver7 Investigates first reported that CBI Agent Doug Pearson had used a racial slur while on the phone, and the entirety of the conversation and beyond was captured on his body-worn camera. However, despite an internal investigation into the incident, multiple informed sources told Denver7 Investigates that not enough was done in response to Pearson’s racial slur and that he was given leniency due to a close personal relationship with Schaefer.
Denver7 Investigates first reported on the investigation into Agent Pearson’s use of the racial slur on Oct. 2. Watch that report below.
Pearson attended racial sensitivity training, his pending promotion was canceled and he was reassigned, CBI said.
After Denver7 Investigates' initial story, both Schaefer and Colorado Department of Public Safety Director Stan Hilkey sent emails to staff to address the situation. Part of Schaefer’s email noted, “the behavior in question was addressed swiftly and appropriately.” Hilkey stated that “there’s no excuse for this behavior.”
We confirmed on Dec. 2 that CBI requested a third-party review of the incident.
A report detailing CBI’s internal investigation into the incident is dated April 29, 2024. However, written notifications — often referred to as Brady letters — were sent to all Colorado district attorneys on Oct. 15, nearly two weeks after Denver7 Investigates’ first report. The letters note that Pearson may have a credibility issue if called to testify in court. In December, the district attorney for the 19th Judicial District explained to Denver7 Investigates that it is not acceptable that his office was notified of the CBI agent’s credibility issue roughly five months after the internal investigation was completed. Earlier that same month, we spoke with former Boulder District Attorney Stan Garnett and 23rd Judicial District Attorney-elect George Brauchler, who also said the notification timeline was concerning.
Watch our interview with DA Garnett and DA-elect Brauchler in the video below.
On Monday, CBI issued a press release detailing the results of the third-party investigation, while also announcing that Schaefer will retire in May.
Employment Matters/Mark Flynn Investigations Group (EMFIG) conducted the independent investigation. It concluded that Director Schaefer did not give any preferential treatment. It did find that the CBI employee had used the racial slur, and noted that the person was disciplined.
"While it is undisputed that Employee 2 has a close personal friendship with Schaefer, none of the information provided to this investigator suggests that Employee 2 received favorable treatment in the context of the investigation of his use of a racial slur because of that relationship," the third-party review reads. "Schaefer, who normally serves as the appointing authority for internal investigations, recused himself from the Employee 2 matter shortly after learning about the discovery of the BWC recording and appears to have had no involvement in the investigation or the decision about disciplinary action for Employee 2."
In the "Findings" section of the report, EMFIG wrote that it is "more likely than not that CBI’s internal investigation of the Pearson matter was conducted in a prompt, thorough, and objective manner, and less likely than so that Employee 2 received favorable treatment with respect to any aspect of the investigation, the degree of discipline issued to him, or the initial decision not to send credibility letters to District Attorneys."
Hilkey reviewed the information from EMFIG's four reports and found that each issue was unfounded or not sustained.
"The independent investigation by EMFIG affirmed Director Schaefer immediately removed himself from having any involvement in the investigation and exerted no influence during the process or on the outcome," CBI said on Monday. "EMFIG also investigated other allegations made against Director Schaefer that surfaced after the first investigation. The independent investigation determined the allegations lacked merit."
The review also looked into other several claims against Schaefer, including that he allegedly used a racial during a conversation with coworkers in either 2008, 2009 or 2010, that he allegedly made a condescending comment about Gov. Jared Polis' sexual orientation around 2018, whether or not Schaefer "double dips," by participating in a business venture while taking little or no time off at CBI, whether or not an agent was transferred to be "managed out" of the department due to his race, and whether or not he put pressure on agent to see if that person leaked information to the press.
All of these allegations were either unfounded or unsustained.
While the allegations in this case were not sustained, Hilkey stressed the importance of employees voicing their concerns.
"The department is confident these issues have been thoroughly addressed and we have taken the necessary steps to vet these allegations, some dating back several years,” he said. “It is imperative the department now focuses its efforts on the important mission and work of the CBI.”
During this same time, Schaefer has been overseeing the aftermath of CBI forensic scientist Yvonne "Missy" Woods' alleged purposeful mishandling of DNA, which has impacted more than 1,000 cases. Woods now faces 102 felonies.
A former Colorado Bureau of Investigation (CBI) forensic scientist accused of mishandling DNA and impacting more than 1,000 cases has been charged with 102 felonies.
