By Brian D. Crecente, Rocky Mountain News
September 8, 2004

A district court ruled Tuesday that the manager of safety does not have to break down the discipline in Denver police officer James Turney's 10-month suspension.

"We are very pleased that the court recognized our position and our contention all along that the manager of safety had the power to take the action that he did take," said City Attorney Cole Finnegan.

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Traditionally, the police department breaks down the discipline an officer receives by violation, but in Turney's case, Manager of Safety Al LaCabe opted not to.

Instead, LaCabe issued a blanket 10-month suspension without pay to Turney in April for his fatal shooting of Paul Childs.

Police Chief Gerry Whitman also said at the time that when Turney returned to the department, he would have a desk job.

City attorneys asked the district court to intercede in Turney's appeal after a Civil Service Commission hearing officer sent the suspension to the city for clarification.

Turney shot Childs on July 5, 2003, after the developmentally disabled teen walked toward him with a kitchen knife.

Turney, who was cleared of any criminal wrongdoing, was responding to a call that Childs was threatening his mother with the knife.

In a public letter about the suspension decision, LaCabe said that while Turney was justified under the department's use-of-force policy to shoot Childs once the teen was standing 6 or 7 feet from him with a knife, Turney committed tactical errors that put him in that position.

Turney appealed that decision to the commission, saying that he wants to return to street patrol and calling the chief's decision to give him a desk assignment a violation of the City Charter.

The decision to request clarification came during some of the preliminary discussions between the city and Turney's lawyers.

The hearing officer, Turney and city attorneys are set to meet today to discuss the case. But the hearing isn't set to start until the end of September. After the hearing officer issues a decision in the case, Turney or the city will have 15 days in which to file an appeal to the full Civil Service Commission.

If the commission finds grounds to accept the case, it would base its final decision on earlier testimony, written arguments and short oral arguments.

Turney or the city also could appeal to the district court.

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