Denver Post

Turney doesn't serve or protect

Friday, October 17, 2003 - James Turney won't face criminal charges for killing a 15-year-old developmentally disabled boy last summer, but that shouldn't stop Denver Police Chief Gerry Whitman from firing him. A cop who twice has fatally shot young people with disabilities shouldn't be entrusted with a badge and a gun.

Denver District Attorney Bill Ritter said he doesn't think he could persuade a jury to convict Turney of any crime. The standard of proof in criminal cases is that the suspect committed the offense beyond a reasonable doubt.

Turney enjoys the same rights in a criminal prosecution as anyone else. But he still has to demonstrate a reasonable level of competence and judgment to keep his job as a police officer.

Most cops go their entire careers without having to fire a shot on duty. Most also do all they can to avoid situations where they feel they must shoot anyone. Turney, however, twice has killed people under questionable circumstances.

In the first case, he shot 18-year-old Gregory Smith Jr. Turney said Smith didn't drop a knife as ordered. A hearing aid Smith wore was discovered later on the floor of the ambulance, whistling because the volume was set at a high level, according to records.

Then in July, the family of Paul Childs sought police help to control their developmentally disabled 15-year- old, who had picked up a kitchen knife and was being unruly. Turney was among the cops who responded.

Two facts stand out in the sad episode that followed. First, Childs didn't necessarily pose an immediate threat to the officers. He was in his house, behind a screen door, when Turney set foot on the house's porch. By contrast, a couple of other officers stood further away, where they kept themselves out of a situation where they might feel compelled to shoot.

Second, the other officers wanted to use non-lethal force. They shouted at Turney to get out of the way so they could stun Childs with a Taser, witnesses said. Instead, Turney fired. So the issue isn't just if Denver police need better procedures to deal with disabled suspects. It's also if Turney followed the rules that already exist.

Safety Manager Al LaCabe said yesterday that departmental investigations of the shooting to determine if any policies or procedures were violated haven't been completed yet. LaCabe says the shooting is being studied to determine if additional changes are needed in how cops deal with people armed with weapons other than firearms. Fine. But Whitman should worry whether he, or any other cop, can again trust Turney's judgment in the field.

In the past, other Denver chiefs have tried to fire officers who needlessly shot citizens - only to be overridden by the civil service board.

Nonetheless, the Paul Childs shooting was so disturbing and tragically unnecessary that Whitman should try to take the strongest action left to him. It's scary that a man who gunned down a disabled kid in front of the kid's own house could still carry a gun and a badge.