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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

MATTHEW COLYER, ) 

 ) 

 Plaintiff, ) 

 ) 

 vs. ) 

 ) 

CHICAGO POLICE OFFICERS R. MOSQUEDA ) 

Star No. 13662, and G. SIERRA, Star No. 3656 ) Case No. 12 C 04855 

 ) 

 Defendants. ) JUDGE CHANG 

________________________________________________) 

GLORIA PINEX, ADMINISTRATOR OF THE ) Magistrate Judge Nolan 

ESTATE OF DARIUS PINEX ) 

 ) 

 Plaintiff(s) ) 

 ) 

 vs. ) 

 ) 

CHICAGO POLICE OFFICER GILDARDO ) 

SIERRA, Individually and as Agent/Employee of ) 

The City of Chicago, OFFICER RAOUL O. ) 

MOSQUEDA, Individually and as an Agent/Employee ) 

of the City of Chicago, and the CITY OF CHICAGO ) 

a Municipal Corporation, ) 

 ) 

Defendant(s) ) 

DEFENDANTS’ OFFER OR PROOF REGARDING THE TESTIMONY OF OFFICERS 

SERRANO AND DIMAS 

 Defendants Raoul Mosqueda, Gildardo Sierra, and the City of Chicago, by their 

respective counsel, hereby submit their offer of proof for the testimony of Officers Salvador 

Serrano and Constantino Dimas: 

 If called to testify, Officer Serrano would testify as follows: 

That on January 7, 2011, he and Officer Dimas were working as uniformed patrol 

officers, Beat 726R, when they received a call to assist at the scene of an officer-involved 
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shooting. They were working the First watch, which was the midnight watch, generally 11:00 

p.m. – 7:00 a.m., with some variation. Officer Serrano does not recall the exact time he began 

and ended his shift on that particular occasion. The officers were called to 1119 W. Marquette 

Rd. and directed by a supervisor to transport Mr. Colyer to Holy Cross Hospital, although 

Officer Serrano does not independently recall that his name was Mr. Colyer. The officers drove 

Mr. Colyer to the hospital in a marked SUV. The ride to the hospital was generally uneventful. 

Mr. Colyer was not demonstrative or saying much of anything. To the extent anything was said, 

it was along the lines of small talk, i.e. assuring him that he would be okay. 

Neither of the officers discussed the facts of the incident with Mr. Colyer. There was no 

discussion in the car regarding any substantive aspect of the incident. At the hospital, they were 

guard officers. They had no idea whether Mr. Colyer would be charged with a crime. No one 

ever asked, suggested, or directed the officers to elicit any confessions from Mr. Colyer or to 

suggest to him that he say anything specific to anyone about this incident. Neither Officer 

Serrano nor Officer Dimas ever said anything to Mr. Colyer regarding what he should say to 

anyone else, and neither officer said anything to threaten or intimidate him. They never told Mr. 

Colyer they were going to put a murder case on him or anything to that effect. The officers 

would not have done or said anything that would have compromised the integrity of the 

investigation. They had nothing to do with the investigation. They were simply transport 

officers and guard officers at the hospital. Officers Serrano and Dimas were present for at least 

some of the time while the detective was interviewing Mr. Colyer. Officer Serrano did not pay 

attention to the interview because he was not involved in the investigation. Officer Serrano did 

not recognize the detective and does not know who he was. At some point, the officers left and 

returned to the station without Mr. Colyer, and returned to normal duties. They returned to the 
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Seventh District station, not the Detective Area, which is where Mr. Colyer would have been 

taken if he was released from the hospital. Officer Serrano assumes the officers went back on 

patrol, but doesn’t specifically recall. They never saw Mr. Colyer again after they left the 

hospital. 

 If called to testify, Officer Dimas would testify as follows: 

 Officer Dimas remembers responding to 1119 W. Marquette. He remembers that they 

were in uniform. He remembers there was a vehicle involved in the incident. The person they 

transported was a passenger in the vehicle, although he does not recall Mr. Colyer’s name. 

Officer Dimas is sure that he and Officer Serrano took him to the hospital, but he doesn’t recall 

the trip to the hospital. Officer Dimas has never threatened anyone with a murder case or 

anything like that. It’s unethical, it’s not in his makeup. The thought would have never entered 

his mind. He has never, and would never, attempt to intimidate anyone to say something that 

wasn’t true. He’s never been asked to do anything like that, and would never do it. He has never 

known Officer Serrano to do anything like that. He’s known Officer Serrano since July 2010. 

They have a good working relationship. 

 A detective came and spoke with the person in the hospital now known as Matthew 

Colyer. Officer Serrano has no independent recollection of the name of the detective. He 

believes that he and Officer Serrano left when the detective showed up, although he’s not sure. 

He is almost sure they left without Mr. Colyer. He doesn’t recall ever seeing Mr. Colyer again. 

They returned to the 7th District station. They would not have returned to the Detective Area. 

 
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Respectfully submitted, 

BY: /s/ Jordan Marsh 

JORDAN MARSH 

Senior Counsel 

Attorney for Defendant Gildardo Sierra 

 /s/ Thomas J. Aumann 

THOMAS J. AUMANN 

Senior Counsel 

Attorney for Defendant Raoul Mosqueda 

City of Chicago Department of Law 

Federal Civil Rights Litigation Division 

30 North LaSalle Street 

Suite 900 

Chicago, Illinois 60602 

(312) 744-4038 

Atty. No. 6216489 

CERTIFICATE OF SERVICE 

 The undersigned attorney hereby certifies that a copy of the foregoing was served by ECF 

filing upon all counsel of record on February 16, 2015. 

 /s/Jordan Marsh 

 Jordan Marsh 

 Senior Counsel