Denver Post

Cop cleared in shooting
DA's decision in killing of 15-year-old Paul Childs brings outrage
By Sean Kelly
Denver Post Staff Writer

Friday, October 17, 2003 - The Denver police officer who shot and killed 15-year-old Paul Childs last summer will not be charged with a crime, District Attorney Bill Ritter announced Thursday, sparking new outrage in the city's African-American community.

Officer James Turney was cleared of criminal wrongdoing in the July 5 shooting of the mentally disabled black teen at his northeast Denver home.

"I have no reasonable belief that a jury of 12 people would convict officer Turney," Ritter said, concluding a three-month investigation.

"Turney had a reasonable belief that he was in imminent danger," he said.

The shooting cut deeply in Denver's black community, leaving many without trust in police, said preachers and activists who angrily denounced the shooting. Ritter's decision reopened those wounds, they said.

"If I were to describe the decision, one word would do it: painful. Absolutely painful," said the Rev. Reginald Holmes, president of the Greater Metro Denver Ministerial Alliance.

Holmes said the community's frustration is nearing a boiling point. "At some point, there is going to be a major problem in this city," he said.

Ministers and civic leaders asked for calm.

"I know members of the community are very disappointed," City Councilwoman Elbra Wedgeworth said. "We're asking for residents to remain calm. Acting out only intensifies the existence of violence. We are very committed to seeing the community stand together to make sure this never occurs again."

Few were surprised at the decision. Since 1990, Denver police have shot, on average, about seven people a year, killing an average of three. Only one officer - Michael Blake in 1992 - has been charged. He was acquitted by a jury.

"We're disgusted, but we knew this was coming ahead of time," said Paul Martin, the Childs family's pastor at Macedonia Baptist Church. "We just have to move forward now. We must make changes."

Martin said O.J. Simpson attorney Johnnie Cochran will proceed with a lawsuit against the city on behalf of the Childs family.

Turney, who is half white and half Asian, shot Childs after his family called police when the teen began wielding a kitchen knife with an 8 1/2-inch blade. In a 911 call, his sister, Ashley, told an operator that he was chasing family members around the house with the knife.

VIDEO

9NEWS' Jinah Kim reports.

When officers arrived, 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 Tasers, or stun guns, Turney fired when Childs approached him, according to the DA's investigation.

In the months since the shooting, several community meetings have been called by the Greater Metro Denver Ministerial Alliance to discuss reforms.

FATAL POLICE SHOOTINGS

So far in 2003: Oct. 11: Brant Clayton Murphy, 38, of Pine was shot and killed by police at the Ramada Inn at 2601 Zuni St. after pointing a gun at police. Oct. 3: Teresa Perez, 40, was shot and killed by police after she kidnapped and fatally shot Justyn Rosen, 79, former owner of Rosen-Novak Motors. July 5: Fifteen-year-old Paul Childs was shot after his family called police when the mentally disabled youth grabbed a kitchen knife with an 8 1/2-inch blade. James Turney, one of the officers who responded to the call, shot and killed Childs, who was holding the knife and didn't drop it when the officer ordered him to. April 18: Denver police shot and killed Shaun Gilman, 20, downtown after he rammed a patrol car and led them on a brief chase. Officers said Gilman pointed a crossbow at them just before they shot him. April 15: Lyle Eugene Larsen, 52, was shot twice in the chest and died in the front yard of his duplex after threatening an officer and his partner with a knife. Denver police were responding to a call saying Larsen was suicidal. March 14: Christopher Jones was killed inside his northwest Denver home after lunging at officers with a knife. A friend of Jones had called police earlier in the night saying Jones was suicidal. March 7: Luis Almeida-Ponce was killed at 1:45 a.m. by three Denver police officers in the parking lot of the Tequila Club, 5115 Federal Blvd. The officers opened fire after he pointed a gun at them, police said.

Civil rights groups, including the American Civil Liberties Union, have called for an independent investigation of the case. U.S. Attorney John Suthers has promised to review the district attorney's findings.

Ritter's failure to file a charge against Turney is politically motivated, said Timothy Rastello, the attorney for Paul Childs' mother, Helen Childs, who stood at Rastello's side during a news conference at her home. She did not speak to reporters.

Turney should have either backed away from the youth or tried other nonlethal options, Rastello said.

"It just doesn't make any sense to shoot and kill someone if you don't have to," Rastello said.

Ritter strongly defended his decision and said all files are open to the public.

"Look at everything I've looked at," Ritter challenged critics. "Read everything I've read."

Turney has been involved in two fatal police shootings and was cleared in both.

On Jan. 30, 2002, Turney and Sgt. Robert Silvas shot and killed Gregory Smith, 18, a hearing-impaired man who pulled a knife on them on the staircase of his mother's northeast Denver home.

Turney remains on paid leave from the Police Department over an unrelated incident. Iowa prosecutors have accused Turney of a telephone threat "to put a bullet in the middle" of his former mother-in-law's head. Turney shot Childs just one day after allegedly making that threat.

Mayor John Hickenlooper promised to review police procedures.

PROBE'S CONCLUSIONS

Denver District Attorney Bill Ritter on Thursday said he did not believe a jury would convict officer James Turney. Here's why: Colorado law says a police officer is justified in using deadly force upon another person when he reasonably believes that it is necessary to defend himself or a third person from the imminent use of deadly force. Officers had limited information on Paul Childs' condition when they arrived at the home and believed they were entering a life-threatening situation. Childs had a knife, was in close proximity to officers and did not drop the weapon despite repeated commands. Childs moved toward the officers. State law does not require officers to retreat. Officers are not required to use less-lethal force in situations involving a deadly weapon. Ritter's complete decision may be read by clicking here. This PDF document requires the Adobe Acrobat reader.

"Whenever a tragedy like this occurs, it is important for all of us - the institutions of government and our citizens - to review whether our training policies and procedures and civilian oversight adequately protect the public's safety as well as the safety of our officers," Hickenlooper said in a statement.

Helen Childs has pushed for a "Paul's Law" that would require better training of law-enforcement officers in dealing with mentally ill and disabled people.

Denver Manager of Safety Al LaCabe said the police firearm discharge review board will investigate the shooting, and that Turney could face discipline from the department.

Police Chief Gerry Whitman said real changes have been made since July. He said the department has doubled the number of Tasers on the streets, and more officers are receiving training to deal with disabled suspects.

On Thursday, he introduced a system for people to alert police to potentially dangerous situations in their homes, such as hazardous chemicals or mentally ill residents, to protect citizens and officers.

BEFORE CALLING POLICE

On Thursday, Denver police announced a new system for residents to provide crucial information they want known before officers respond to a call. Police are asking for information on such issues as special needs; medical, physical or mental impairment; past incidents; weapons; hazardous materials; and more. To register, residents may call police at 720-913-2008 or send an e-mail to CommCenter@ci.denver.co.us. Include a name, an address and contact information.

Denver police Sgt. Mike Mosco, president of the Police Protective Association, said the shooting has been difficult for everyone involved.

"It's an unfortunate situation. It's unfortunate that the Childs family lost their son. It's unfortunate that the officer had to go through this ordeal," Mosco said. "I hope everyone can move forward and the healing process can begin."

Denver Post staff writers Karen Crummy, Kieran Nicholson and Kirk Mitchell and correspondent Marilyn Robinson contributed to this report.