While officers
Kevin Devine and Ricky Nixon where removed from the force after lying on
a report concerning their beating and macing of handcuffed women in
front of the Denver Diner in 2009, the Civil Service Commission decided
that their omissions did not constitute removable offenses. The city
attorney appealed this decision after the community rose in opposition
to the Commission's decision. However, the attorney failed to issue a
stay on the officers' return to the force before the appropriate
deadline.
While the Civil
Service Commission board could have upheld the stay today, the board
chose not to do so. As a result, the officers are scheduled to return to
the force, gaining back pay, while the city's appeal to remove them
continues.
"These people are not just names or statistics," said Mu Son Chi, Racial Justice and Civil Rights Director for the Colorado Progressive Coalition. "They
are people whose lives have been crushed by a policing system and
culture that has for too long overlooked police brutality committed
against our communities. We are disappointed that the city's stay was
not honored and the officers will be allowed back on the force."
Victims are greatly concerned by the board's action.
Miriam Peña,
one of the women involved in the Denver Diner beatings and CPC
Co-Executive Director, said the decision would put more people at risk
while the board looks at the city's desire to remove them from office.
"This is a warning to all residents of Denver. No one is safe when abusive officers return to the streets," said Peña.
Victims in
the Denver Diner incident, CPC and CAVP are calling for the Civil
Service Commission to remove the officers involved in the Denver Diner
case. Likewise, CPC and CAVP are concerned that the commission will show similar leniency when it comes to similar cases.
The Commission
board was scheduled to provide a decision on whether the city will be
allowed to fire officers involved in the Lower Downtown beating of Michael DeHerrera,
that decision has been scheduled for release April 9. The DeHerrera
family have been waiting for justice on this case for three long years.
Michael DeHerrera
was beaten by officers Randy Murr and Devin Sparks in 2009 while
speaking on his cell phone to his father, a Pueblo sheriff's deputy, in
downtown Denver. While the city fired the officers, the Civil Service
Commission determined that they had already been punished for their
action via a three day suspension with pay. The city attorney appealed
that ruling asking for their removal from the force, and the Board will
be responding to that appeal on the April 9.
Anthony DeHerrera,
Michael's father, while stating the delay of his son's ruling was
understandable as long as justice was served, saw today's ruling as
another example of what is wrong with the current police discipline
system.
"These
officers are yet again getting off on a technicality. It is yet another
part of the appeal process that should be changed," said Anthony DeHerrera. "Seeing these officers be reinstated is re-victimizing the victims of police brutality."
CPC and CAVP strongly urge the commission to side with the city's appeal and remove officers in both cases from the force.
In both cases, officers lied on reports about their violent actions
which, along with the beatings themselves, constitutes a considerable
threat to both the city's residents and the integrity of the police
force.
"The reality is lesbian,
gay, bisexual, transgender and queer (LGBTQ) people of color continue
to be disproportionately targeted with police brutality and misconduct,
despite Colorado's inclusive anti-discrimination laws. Upholding the
City's appeal and removing these officers is the first step in police
accountability," said Crystal Middlestadt, Director of Training and Education at the Colorado Anti-Violence Program.
Today's ruling
indicates a further breakdown in the Denver law enforcement system and
is just one of many indicators that Denver law enforcement is in need of
a federal investigation as called for by former Independent Monitor
Richard Rosenthal.
An incident in 2009 could have prevented both Denver Diner and LoDo incidents from occurring -- had it been resolved promptly.
The decision on whether to discipline three officers, Murr, Nixon and Tiffany Middleton, involved in a 2009 incident in which Alex Landau was nearly beaten to death
while racial slurs were hurled at him has been pushed back by the
Denver Police Department. Had Nixon and Murr been removed at the time
the initial investigation began in Landau's case, it is likely they
would not have had the opportunity to strike again.
"If those officers
involved in the Alex Landau case in 2009 would have been removed from
the force, the DeHerrera and the Denver Diner incident may not have
happened," said Peña. "How many more police brutality
cases have to happen in order to say enough is enough and excessive
force and lying will not be tolerated?"
Landau agreed with Anthony DeHerrera, stating that the system has once again failed Denver.
"Our city has promised reform in the department and again through technicality we have been let down," said Landau. "Things
like this are reasons we need the help of the Department of Justice. It
is extemely important that decision making power is removed from the
Civil Service Commission because it is obvious that those who are
unaffected by police violence and misconduct are the ones making
decisions."
"As an organization we are extremely disappointed in the recent decision," Peña said. "As
a city, we can do better, and a good starting point would be to stand
up for the residents of Denver, even more importantly the victims of
these cases."
