Council votes 12-1 to end legal battles

By April M. Washington, Rocky Mountain News
June 2, 2004

The Denver City Council on Tuesday night backed a settlement agreement to pay more than $1.3 million to the family of Paul Childs.

Council members voted 12-1 on first reading to approve the settlement and praised Mayor John Hickenlooper's administration for taking swift action to bring closure to last summer's police shooting death of the developmentally disabled teen.

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The council's final approval is expected to come next Monday.

"Helen Childs didn't wake up the day her son was killed looking for a payment," said Councilman Michael Hancock, referring to the teen's mother. "I believe the legal team did what is in the best interest of the city . . . the Childs family."

The decision to settle comes a month before the first anniversary of Childs' death.

Earlier this year, the Childs family filed an intent to file a civil rights lawsuit, seeking $5 million.

The settlement is the latest development in a shooting that sparked widespread anger, protests and demands for police reforms.

Under the settlement terms, a $726,115 check will be made payable to Helen Childs and her attorneys, Holland & Hart LLP. Annuities also will be established for Helen and Ashley Childs, Paul's older sister.

Helen will receive a monthly payment of $3,783.72 for the next 20 years. Ashley will receive $5,000 per year through June 5, 2008.

Attorney Timothy Rastello, who represented Helen Childs along with famed attorney Johnnie Cochran Jr., said his client expressed a sense of relief Tuesday after hearing the council's decision.

"The 12-1 vote and the speeches made by council members in support meant everything to Helen," Rastello said. "In a way, it was her day in court. It was vindication . . . that her son shouldn't have been shot two seconds after being told to drop the knife because he was developmentally disabled."

Paul Childs was shot by officer James Turney after he failed to drop a 13-inch kitchen knife he had threatened his mother with.

Last month, Manager of Safety Al LaCabe suspended Turney for 10 months without pay for the shooting, finding he made tactical errors.

Councilwoman Jeanne Faatz, who cast the dissenting vote Tuesday night, argued the city should have gone to court, blaming Childs' behavior for his tragic death.

"I do not believe having the taxpayers pay in this case is justice," she said.

A majority of council members praised Faatz for her courage, but contend the city will save at least $1 million in legal fees by avoiding a lengthy trial.

Others looked beyond the money. Instead, they focused on a mother's loss and grief. "At the end of the day, it's about Mrs. Childs, and how she'll go on with life," said Councilwoman Judy Montero.

Copyright 2004, Rocky Mountain News. All Rights Reserved.