Fatal shooting spurs bid to cut protection for police officers

By John J. Sanko And Sarah Huntley, Rocky Mountain News
July 15, 2003

Some Colorado lawmakers are considering changing a law protecting police involved in shootings, following last week's death of a developmentally disabled teen by a Denver police officer.

A current statute - similar to those in place in most other states - allows peace officers to use "reasonable and appropriate physical force" in the line of duty.

It declares peace officers are justified in using deadly physical force only in specific cases, such as when they deem it necessary to defend themselves or others from someone illegally using a deadly weapon.

The lawmakers say changes are needed to prevent a repeat of what occurred July 5 when Paul Childs, 15, who was wielding a knife, was shot by patrolman James Turney.

But they aren't sure yet what those changes will entail, although they want police to receive more training on how to deal with the disabled and in the use of deadly force.

"It may be a training issue as opposed to a legislative issue, but it's clear from what happened to Paul Childs that something has to be done," said Rep. Terrance Carroll, D-Denver. "Just because something is legal in nature does not morally make it a good shoot. You don't just shoot people immediately because they don't respond to your commands.

"Right now, all an officer has to say is, 'I felt threatened, I felt my life was in danger and I had to respond.' Is that really good enough?"

Denver District Attorney Bill Ritter, who has been in the thick of the investigation, said he's willing to look at potential changes, but only after a complete airing of the issue by all involved, including police.

"I don't think you depart from the status quo without a serious vetting of the issue," Ritter said. "I think it's important for police to be able to have their say in why the law reads as it does."

Senate Majority Leader Norma Anderson, R-Lakewood, said she believes the law protects the public from misuse of force by law officers. It protects peace officers as well when they find themselves in dangerous situations, she said.

"If you go back into the records, I think you'll find some officers have been moved off the force, they have been fired, because of different actions," Anderson said. "Changing the law is not the issue. The issue is training and enforcement."

But Pastor Reginald Holmes, who heads the Greater Metro Denver Ministerial Alliance, thinks the law must be changed.

He wants the statute to include language about the importance of techniques and technology to defuse dangerous encounters.

"We want it to be in the legislation that officers, under a certain set of circumstances, first try to de-escalate a situation," said Holmes, who is with the New Covenant Christian Church.

"Let me be clear: We are not talking about putting policemen's lives in danger. Where there is a legitimate danger, a legitimate problem, the officer has to have the right to use force.

"But when there isn't that imminent danger, we don't think an officer should be able to make that call."

Three black lawmakers sent a letter to Childs' family expressing their condolences and promising to take steps to ensure a full investigation and to make sure it doesn't happen again.

"Be assured that we as legislators will play an active role in seeing that a fair, thorough and open investigation is conducted and that the outcome is just," wrote Carroll, Rep. Rosemary Marshall and Sen. Peter Groff, all Denver Democrats.

Carroll said he will meet with the Colorado Police Chiefs Association to discuss the training officers undergo in the use of deadly force, particularly in urban areas.

"By and large, the vast majority of the officer-involved shootings in this state happen in the metro area," Carroll said. "Maybe it's a training issue that needs to be addressed. But we're going to look at all of that and determine what's the best route to go."

Carroll has additional concerns that more people with developmental disabilities might be on the streets because of state and city budget cutbacks in dealing with such problems.

Criticism has traditionally focused on the outcome of shooting investigations conducted by the Denver District Attorney's Office, but Holmes pointed out that prosecutors only examine a narrow question: Did the officer break any laws when he decided to use deadly force?

"It's the law that needs to be changed," he said. "Bill Ritter is following the law. You can't blame him for doing that."

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