The Denver Posteditorial
Turney case warrants appeal
Friday, January 21, 2005 -
The city of Denver has every reason to appeal a Civil Service Commission hearing officer's ruling that sharply reduced the suspension of a Denver police officer in 2003 fatal shooting of a mentally disabled teenager.
Officer James Turney shot Paul Childs to death on July 5, 2003, after the youth's family had called police because the teen was brandishing a knife. The shooting spurred reforms in police policy and training and also resulted in a $1.3 million settlement with the Childs family. Manager of Safety Al LaCabe suspended Turney for 10 months without pay for showing bad judgment in the shooting and also for threatening his ex-mother-in-law and misuse of a cellphone while of duty. But last week, hearing officer John Criswell ruled that Turney's only infractions were the call to his ex-mother-in-law and excessive use of the cellphone on duty. He reduced Turney's punishment to five days' suspension and a fine of one day's pay. Particularly troubling was Criswell's finding that "no reasonable Denver police officer" would have found a non-lethal resolution to the confrontation. Turney has been on unpaid leave since April, but police officials have said they don't plan to return him to patrol duty. That's a relief. City Attorney Cole Finegan said Thursday the city will file its notice to appeal with the Civil Service Commission by Jan. 28. "We strongly believe that the hearing officer erroneously interpreted departmental and Civil Service rules in reaching his decision," Finegan said, "and we also believe that his decision involves policy considerations that reverberate far beyond the Turney case." Also, the city may ask for a court review, depending upon the Civil Service Commission's decision. It's important that the city pursue the issue to its final resolution. Turney's actions in the Childs shooting merit severe disciplinary action. |