The Denver Post
City seeks to reinstate Turney penalty
Friday, January 21, 2005 -
The city of Denver will seek to reinstate the 10-month suspension of police officer James Turney in connection with the fatal shooting of a developmentally disabled teenager, officials said Thursday.
City Attorney Cole Finegan said the city will appeal a ruling by a Civil Service Commission hearing officer last week that reduced Turney's suspension to five days, plus a one-day fine. In a written statement, Finegan said the city will appeal to the full Civil Service Commission and a district court because it believes the hearing officer erred in his decision. "We also believe that his decision involves policy considerations that reverberate far beyond the Turney case," according to the statement. Turney was suspended in connection with the July 5, 2003, shooting of 15-year-old Paul Childs, which sparked outrage among some in the community and led to dramatic police reforms by Mayor John Hickenlooper. The city last summer reached a $1.325 million settlement with the Childs family. The officer was suspended a total of 10 months for his actions leading up to the shooting, for making an unrelated telephone threat, and for excessive use of his cellphone while on duty. Thursday's announcement, widely expected among observers, came a week after hearing officer John Criswell threw out Turney's suspension for alleged procedural mistakes. Instead, Criswell ruled, Turney should be punished only for the telephone threat and excessive cellphone use. Attorney Doug Jewell, representing Turney in the appeal, said he was not surprised by the city's decision but was disappointed. "While the city certainly has the right to appeal, we thought it made sense to move forward from here, considering the city's new use-of-force policies and expectations, rather than going backward some more," Jewell said. He called the appeal "heavy on politics and lighter on the applicable law, training and facts of this case." Finegan said the city will try to stop payment of back wages and benefits to Turney until appeals have been decided. Turney was suspended in April by Manager of Safety Al LaCabe, who said the officer violated department policy by placing himself in harm's way. Finegan's announcement was applauded by City Council members, most of whom signed a letter calling for the appeal. Council President Elbra Wedgeworth said it was the right thing to do. Staff writer Sean Kelly can be reached at 303-820-1858 or skelly@denverpost.com .
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