The Denver Post
Officer's penalty eased
Friday, January 14, 2005 -
Denver police officer James Turney, who fatally shot a developmentally disabled teenager who was holding a knife, should not be suspended in connection with that incident, a hearing officer ruled Thursday.
Civil Service Commission hearing officer John Criswell found that Turney's only violations were making a threatening telephone call to his former mother-in-law and excessive use of his cellphone while on duty the day before the shooting. For that, Criswell reduced Turney's 10-month suspension to five days and a fine of one day's pay. But Criswell, a retired state appeals court judge, found that Turney did not violate department policy in the moments before the July 5, 2003, shooting of 15-year-old Paul Childs. The city is considering an appeal. Attorney Doug Jewell, who represented Turney, said the officer was satisfied with the decision and also praised Criswell's objectivity. "Officer Turney is pleased that the decision shows no wrongdoing on his part as to this unfortunate shooting," Jewell said. "The city's decision to impose discipline in the first place was highly politicized and not according to existing policy or law or even a study of the true facts of the case," Jewell said. But Paul Childs' mother, Helen, said she feels victimized all over again.
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"The way I feel today is the way I felt July 5, 2003," she said. Her attorney said he was shocked. "That's amazing. I'm stunned by that. I'm stunned that it was reduced by so much," said attorney Timothy Rastello. "Ten months to five days?" The five-day suspension is for the threat, and the day's fine comes for overuse of the phone. City officials have said Turney will not work the streets again. City Attorney Cole Finegan said the city may appeal. It has 15 days to appeal to the full Civil Service Commission or 30 days to go to district court. If the ruling stands, Turney, 31, would receive back pay and benefits. Childs was shot after his family called police as the teen grabbed a kitchen knife in their northeast Denver home. The shooting triggered 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 largest ever for a fatal shooting in Denver. Hickenlooper said in a statement that he was "disappointed" in the ruling. "We will never be dissuaded in our efforts to make Denver's citizens and police officers as safe as possible. We have made enormous progress over the past 18 months to reform our public safety system and improve its accountability," the mayor said, "and we will not let today's ruling set us back." The Rev. Paul Martin of Macedonia Baptist Church, where Paul Childs' mother is a member, called Thursday's ruling a "travesty of justice." "I know we have a lot of challenges now to make this police department what it should be," Martin said. Police Chief Gerry Whitman had earlier recommended a 20-day suspension. The 10-month suspension was imposed by Manager of Safety Al LaCabe, who found that Turney used poor tactics and could have defused the situation by closing the front door while Childs was in the house. But in his ruling, Criswell said: "I am convinced that no reasonable Denver police officer with Officer Turney's training and background would have thought of this tactic." Criswell also found Turney had no "prior notice" that tactical errors could result in discipline. Turney would have been the first Denver officer disciplined under the efficiency and safety standards for tactics leading to the use of force, he found. Criswell said he believes that the department's new use-of-force policy, changed last summer, now puts "all Denver officers on notice" that they may be disciplined in similar circumstances. The ruling came after two weeks of testimony in October. The testimony included Turney's only public statements. "I did not want to have to shoot him," Turney said at the hearing. "He had gotten to the point where I felt he could have reached out and stabbed me." Mike Mosco, president of the Police Protective Association, praised the ruling. "We urged everyone to take a breath and look at the totality of the circumstance, and that's exactly what the hearing officer did," Mosco said. "He took a look at the totality of the case and removed emotion from it." Some Denver City Council members said the case adds urgency to the review and possible revision of Denver's so-called comparative discipline rule, even though Criswell said his decision was "in no way dependent upon" it. LaCabe last month convened a committee to study reforms of police discipline, including comparative discipline, which mandates that an officer's punishment cannot be any more or less severe than others received in similar circumstances. "This shifts a bright light on comparative discipline and why it should be changed," council President Elbra Wedgeworth said. "That's going to be my focus and goal to make sure that this is addressed properly." Councilman Michael Hancock said the ruling "is going to force the policymakers in this city, particularly the mayor, to think about how we are going to be remembered in dealing with this issue." Councilman Rick Garcia expressed surprise and disappointment. But he said there is a positive note: The hearing officer said policies adopted since the the shooting will result in more scrutiny of police actions leading up to a shooting. Rastello, the attorney for the Childs family, said the family can take some solace in knowing the case will affect future discipline. "Helen Childs will be the last victim of the old policies, and in the future, Denver police officers will be held accountable," Rastello said. Turney could return to the force in a matter of weeks if the city does not appeal. "Officer Turney looks forward to returning to work," Jewell said. Staff writer Sean Kelly can be reached at 303-820-1858 or skelly@denverpost.com . Staff writer Kris Hudson can be reached at 303-820-1593 or khudson@denverpost.com.
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