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URL: http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_3264731,00.html
Officer's appeal begins in Childs shooting case

Turney wants to return to patrolling streets despite decision by safety manager

By Brian D. Crecente, Rocky Mountain News
October 19, 2004

Denver police officer James Turney's appeal to return to street patrol after the fatal shooting of Paul Childs will be decided in a hearing beginning today.

Hearing officer John Criswell will preside over the hearing, scheduled to run nine days at Denver's civil service commission.

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The hearing is similar to a court proceeding, with a city attorney presenting the city's case, including documents and witness testimony, and then Turney's lawyer presenting his case.

Once the hearing is complete, and both parties have finished filing briefs, Criswell, who retired from the Colorado Court of Appeals in 1999 after serving 13 years, will have 30 days to issue a written decision.

That decision can then be appealed to the district court by either side.

In April, Manager of Safety Al LaCabe suspended Turney for 10 months without pay for shooting and killing developmentally disabled teen Paul Childs on July 5, 2003. The teen was approaching the officer with a knife.

The chief has also said that when Turney returns to the force he will have a desk job.

In his appeal of the decision, Turney's lawyer says that the decision was unlawful, arbitrary and ignored the evidence at hand.

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