20 days without pay recommended for cop in Childs' death

By Brian D. Crecente, Rocky Mountain News
April 2, 2004

Denver Police Chief Gerry Whitman on Thursday recommended suspending officer James Turney for 20 days without pay for fatally shooting Paul Childs, a developmentally disabled teenager.

Whitman's recommendation drew polarized reactions, with the police union saying that Turney deserved no discipline and people close to the Childs family demanding the officer be fired.

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The recommended suspension is for violating the basic duties and responsibilities of a Denver police officer, sources said. It would throw out two other complaints - that Turney didn't follow the use-of-force policy and that he used excessive force in the incident.

Whitman also recommended a five-day suspension for an alleged incident in which Turney reportedly threatened to shoot his former mother-in-law in the head days before Childs was killed, sources said.

The final decision on what, if any, discipline Turney will face must be made by April 16 by Manager of Safety Al LaCabe, who still can consider all of the original complaints against Turney.

"As far as discipline is concerned, it will be one of the most difficult decisions I've made," LaCabe said. "I have to speak to a number of people, but the decision is mine to make."

Turney and two other officers went to the Childs' home July 15 after Paul Childs' sister called 911 to report that the 15-year-old was threatening their mother with a knife.

Police records show that officers had responded to the address 50 times in the past three years.

Turney fired at Childs, hitting him four times, after he and other officers said the youth approached them with a kitchen knife in a threatening manner. The other officers drew their Tasers, which are used to stun suspects, but didn't fire their guns.

The shooting set off a firestorm of protests and prompted Mayor John Hickenlooper to roll out what he called the "most comprehensive package" of police reforms in Denver's history.

Whitman didn't return phone calls seeking comment Thursday. He spent much of the day meeting with members of the community and police department to explain his recommendations.

"The (Police Protective Association) respects the position that the chief has been placed in, and we respect the decision he made. However, we do not agree with his decision," said association president Mike Mosco. "We believe any discipline meted out in this case is unfair."

The Rev. Paul Martin, the Childs family's pastor, said he also spoke with Whitman Thursday afternoon.

"I told him I understand exactly what pressure he is under, that he is between a rock and a hard place, but we still want the man fired," Martin said. "That is the wish of Childs' family. Anything less than that is not acceptable."

Martin questioned whether departmental politics would have allowed the chief to make a different recommendation.

Whitman interrupted his vacation to meet with Turney and his attorney Thursday morning.

The officer had an opportunity to defend his actions, and then the chief explained his recommendation.

Douglas Jewell, Turney's attorney, declined to comment on the specifics of the recommendation.

"It's been a long tough nine months, and there has been exhaustive review by several different entities, including the district attorney; the shoot board, made up of his commanders; the disciplinary review board, made up of officers, citizens and commanders; and now the chief," Jewell said. "Officer Turney will respect the process through at least another couple of weeks."

Jewell also urged members of the public and city government to reserve their opinions until the final decision has been made and all of the facts of the case have been released.

Although Childs' family declined to comment directly because of an ongoing lawsuit against the city, Martin said he visited with them shortly after speaking with the chief.

"They were prepared to have this kind of recommendation," he said. "They have kind of settled into the fact that nothing is going to happen through this process. Even with the mayor and his good intentions, it's going to take a civil action to make the city make some change."

The chief also visited New Covenant Christian Church, where he met with members of the Greater Metro Denver Ministerial Alliance.

"We were very disappointed in the ruling," said the Rev. Patrick Demmer. "We did not feel that the punishment met the violations."

News of the recommendation hit hardest on the street where Childs died.

"The boy didn't even live 20 years, and (Turney) gets 20 days," said LaShon Hall, who moved in two doors down from Childs' home nearly two years ago and quickly sparked a friendship. "I'm hurt by this."

Staff writer Javier Olvera contributed to this report. crecenteb@RockyMountainNews.com or 303-892-2811

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