Post by WaTcHeR on Mar 18, 2006 13:35:02 GMT -5
03/18/2006 - A highly publicized Denver police discipline case that has already set reforms in motion took another step toward its conclusion Thursday night.
The Civil Service Commission heard oral arguments in the city's appeal of a hearing officer's sharp reduction in punishment meted out to officer James Turney by Safety Manager Al LaCabe in the shooting death of a disabled teenager in July 2003.
The shooting of Paul Childs, 15, has already resulted in LaCabe setting up a 30-member committee to develop a new disciplinary system for Denver police.
Police Chief Gerry Whitman had recommended a 20-day suspension for Turney, who shot and killed the knife-wielding Childs. But LaCabe imposed a 10-month suspension, finding that Turney used poor tactics and could have defused the situation by closing the front door while Childs was standing just inside the doorway to the home.
The hearing officer, retired state appeals Judge Paul Criswell, reduced the suspension to five days and added a fine of one day's pay, all for unrelated improper use of a cellphone the day before the shooting.
Criswell ruled "that no reasonable Denver police officer with officer Turney's training and background would have thought of this tactic (closing the door)."
He also said the officer had no "prior notice" that tactical error could result in discipline.
Criswell ruled that Turney did not violate department policy in the moments before the shooting.
Thursday, Assistant City Attorney Karla Pierce argued that Denver teaches its officers in potentially violent confrontations to step back and attempt to de- escalate the situation.
"Do we expect our officers to be aggressive and push for arrest, or do we expect them to think and to react to changing situations?" Pierce asked rhetorically.
She said Article 3.13 in the department operations manual requires "the highest standard of efficiency and safety."
Officers are responsible for what's in the manual, she said.
Turney's attorney, Doug Jewell, told the commission that never before had the issue of "tactics" been used to discipline an officer in the use of deadly force.
It had been used in the use of excessive force, he added. But the manager of safety had held that there wasn't excessive force in this case, he said.
He said the chief did not discipline officers in three earlier cases of the use of deadly force where he did question their tactics.
Commission President Christopher Olson said a written decision would be issued, but he offered no timetable.
Either side may appeal the decision to the District Court.