The Denver Post
City settles Childs case
Wednesday, May 26, 2004 -
The family of slain teenager Paul Childs will receive $1.325 million under a proposed settlement from the city of Denver - the largest payout for a police shooting in city history.
The settlement comes less than 11 months after the 15-year-old developmentally disabled boy was shot to death and before the Childs family even filed a planned federal civil rights suit against the city. The amount is far less than the $5 million minimum the family proposed in January. On Tuesday, family representatives and city officials said they were pleased with the settlement, which still must be approved by the City Council in coming weeks. "They are happy," said attorney Timothy Rastello, speaking on behalf of the Childs family in front of the North Park Hill home in northeast Denver where the shooting occurred. But, Rastello, who represented the family along with famed attorney Johnnie Cochran, added, "seeing your child killed in front of you is immeasurable in damage." City Attorney Cole Finegan said many factors went into the settlement, including concerns about costs if the case went to trial, the city's potential liability and demands on city staff. The settlement, Finegan said, is "fair and in the interest of all parties involved. This will allow us to move forward." Under the terms of the agreement, Finegan said, the city admits no wrongdoing. And the Childs family - mother Helen and sister Ashley - agreed to release the city, city officials and police, including officer James Turney who fired the fatal shots, from further liability. The Rev. Paul Martin of Macedonia Baptist Church, where Paul Childs' mother is a member, said the family just wants "to get on with their life." He said the family was pleased with the settlement, but many in the community had hoped the city would have to pay even more. "I wish it was $30 million, myself," Martin said. Mayor John Hickenlooper met with council members behind closed doors Tuesday but did not speak publicly about the proposed settlement. His chief of staff, Michael Bennet, said the mayor believes the settlement is reasonable, given the circumstances. The settlement requires City Council approval. The council will hear the bill Tuesday and take a final vote June 7.
City attorney Cole Finegan discusses the settlement in the Paul Childs case. Paul Childs was shot to death July 5 by officer Turney after the boy's family called police to their home at 5550 E. Thrill Place when the teen began wielding a kitchen knife with an 8 1/2-inch blade. After officers arrived and cleared everyone else from the home, Childs walked out from behind a door holding the knife and didn't drop it, despite officers' orders. Although two officers on the scene had nonlethal Taser stun weapons, Turney fired his gun when Childs approached him, according to an investigation by the Denver district attorney's office. Turney has been suspended without pay for 10 months and faces a hearing in September on his appeal of that discipline. Turney and another officer still face a lawsuit in the January 2002 fatal shooting of Gregory Smith, 18, a hearing-impaired man who pulled a knife on them on the staircase of his mother's northeast Denver home. That case is scheduled for trial this year. The settlement announcement comes as Hickenlooper is considering proposed reforms sparked by the Childs shooting. Rastello suggested those proposed changes to the use-of- force policy and police discipline likely saved the city money in the settlement. He said that "because the mayor and city attorney have been willing to make those policy changes, the family was willing to take a lot less." The Denver police union, which has been critical of some of the proposed reforms, said in a news release that it was not included in any negotiations between the city and the Childs family. "Officer James Turney acted appropriately and we fully support him," said the release from the Denver Police Protective Association. "We would have preferred that the city take this case to trial so the facts would have been known." Legal observers said they were surprised by how quickly the city settled. It's a marked change from the past, said lawyer David Lane. "I applaud the city of Denver for understanding its liability early, fessing up and getting out more cheaply than it would have" if it had gone to trial, Lane said. "They saved the taxpayers a lot of money by doing that." Craig Silverman, a former prosecutor who now handles civil and criminal cases, said the settlement benefits both sides: The Childs family will not have to answer difficult questions at trial, and the city will avoid a public-relations nightmare. "Even if Denver was to win the trial, nobody is proud of what happened at the Childs house that day," Silverman said. Penfield Tate III, a former state senator and co-chairman of Hickenlooper's police reform task force, said, "That the city paid something to the Childs family, from the city's perspective, they obviously saw some type of problem." Cochran was not available for comment Tuesday. He was recently released from the hospital, where, according to his office, he was being treated for a "neurological condition." "Johnnie was very much here in spirit and whenever we needed him by telephone," Rastello said. "He obviously played an important role." Rastello said he could not comment on attorney fees. Generally a settlement that comes before a suit is filed is split with one-third going to attorneys and two-thirds to the plaintiff, according to several local attorneys. Negotiations between the city and the Childses' attorneys began in January, when the family filed a notice that it intended to sue for more than $5 million. The case was put before a mediator this month. Rastello said an agreement was reached last week and the settlement was signed Tuesday. The $1.325 million figure would be the highest amount the city has paid out for a police shooting and the second-highest payout for a police-related case. In 2002, the city paid $3.5 million in the case of Randy Bartel, who was killed in 1989 when an officer ran a red light while responding to a nonemergency call. Rastello also represented the family in that case, which was in the courts for more than a decade. "This is a new day," Rastello said. "This is a new administration, and these guys are being courageous and much bolder than I have seen in my entire career here in Denver. "It's no longer business as usual." Staff writers Kris Hudson and David Migoya contributed to this report. Staff writer Sean Kelly can be reached at 303-820-1858 or skelly@denverpost.com . |