A man who sought to lodge a complaint against a deputy for speeding ended up with an $80,000 settlement after an unexpected arrest and subsequent apology.
ADAMS COUNTY, Colo — In a revealing bodycam video, an Adams County deputy can be seen arresting a man who was filming him and voicing concerns about his speeding. The video also shows a supervisor later issuing an apology for the arrest.
Barry Zatkalik did not take formal legal action against Adams County. Instead, his lawyer, Maddie Shaefer, sent a legal notice highlighting the wrongful arrest. This correspondence led to Zatkalik receiving an $80,000 settlement this month.
The incident unfolded in February 2024, when Deputy Walter Berlinski was concluding a traffic stop on southbound Highway 85 near 104th Avenue.
Zatkalik, not involved in the traffic stop, had pulled over to record video of Berlinski.
In the footage, Zatkalik can be heard asking, “Can I get your name and badge number?” as Berlinski approaches his vehicle, with Zatkalik holding his cellphone during the interaction.
Berlinski wouldn’t give up the information and questioned Zatkalik’s motives. Zatkalik told Berlinski he wanted to file a complaint against him for speeding.
“OK, license, registration, proof of insurance,” Berlinski responds on video.
The argument between the two men escalated, with Zatkalik demanding a supervisor and Berlinski saying he was being arrested for obstruction.
After Berlinski places handcuffs on Zatkalik and puts him into the back of a law enforcement vehicle, he discovers Zatkalik’s police badge.
Zatkalik is a former reserve officer for the Denver Police Department. Reserve officers are often volunteer officers with full powers like any other officer but who often work during parades and traffic control.
“Mr. Zatkalik was several feet away in his vehicle, filming from a distance, not obstructing at all,” said Shaefer, a civil rights attorney. “The only thing that he was obstructing was the officer’s unlawful attempt to arrest him in retaliation to his First Amendment-protected activity.”
Eventually, after Zatkalik sat in the law enforcement vehicle for about 20 minutes, an Adams County Sheriff’s Office supervisor arrived on scene and apologized to him for the bad arrest.
“It will be handled … I’m sorry,” the supervisor says on body camera video. “I will apologize for the sheriff’s office.”
Another officer is also heard on camera telling Berlinski, “You don’t have obstruction.”
9NEWS asked the Adams County Sheriff’s Office whether Berlinski was disciplined for the arrest.
“This incident was investigated, but we aren’t going to disclose what discipline, if any, was administered. Thanks,” Shea Haney with the Adams County Sheriff’s Office said in an email to 9NEWS.
9NEWS has filed a records request seeking information on the investigation.
In 2019, 9NEWS reported that Berlinski was arrested for suspicion of driving under the influence. Court records indicate he eventually pleaded guilty to driving while ability impaired, which is a lesser charge.
