Denver Posteditorial
Add review in cop shootings
Saturday, November 22, 2003 -
Police shootings often draw angry criticism from civil-rights and other advocacy groups when the local district attorney clears the officers involved of criminal culpability.
Shootings that don't seem righteous to the public often don't result in prosecution because of the high legal standard required to prove criminal conduct beyond a reasonable doubt and because of the broad discretion to use deadly force Colorado law gives peace officers. Now, former Colorado Chief Justice William Erickson is suggesting an independent review panel to automatically re-examine prosecutors' decisions not to charge officers in shootings. Currently, prosecutors' decisions are seldom reviewed, although Erickson headed up a panel that looked at how the Denver DA's office investigated police shootings. The panel was formed in 1997 after the death of Jeff Truax, who was shot 25 times by two off-duty cops working at a Denver nightclub. District Attorney Bill Ritter cleared the officers. This week, Ritter cleared Westminster police officer Karl Scherck, a Denver resident who fatally shot a prowler near his mother's south Denver home. However, Ritter took the unusual step of faulting Scherck's action, saying that while the shooting wasn't prosecutable, it also wasn't justified. There also was a huge public outcry after Denver police officer James Turney was cleared in this summer's fatal shooting of Paul Childs, a mentally handicapped Denver teenager. Colorado law gives police officers greater latitude in using deadly force than to ordinary citizens. An officer can shoot if he fears for his life, is arresting or preventing the escape of a dangerous felon, or fears the suspect may harm another if he escapes. An ordinary citizen can't shoot a fleeing felon. Also, citizens must be able to prove that using a lesser degree of force would be insufficient to defend themselves or another. Cops need make no such showing. Although Erickson again advised against submitting police shootings to grand juries, we still think that's an idea worth exploring, as is the creation of a special panel to review prosecutors' decisions not to charge police in shootings. Certainly some solution must be found, because emotions often run high, especially in shootings where circumstances aren't clear-cut. Also, police commanders need to step out of their blue suits occasionally and ask themselves how some of the more questionable shootings look to the public. Just because a trigger-happy cop can't be prosecuted doesn't mean he should continue packing a badge and a gun. |