Police use-of-force policy targeted

By Brian D. Crecente, Rocky Mountain News
April 17, 2004

Much stronger civilian oversight and an overhaul of the police department's use-of-force policy are likely to be among recommendations the police-reform commission will hand to the mayor in two weeks.

The panel is hammering out the details of the proposal after weeks of contentious meetings and little outright agreement.

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Mayor John Hickenlooper will make the final decision on the proposal, which he will get after the panel's last meeting April 28.

He announced the creation of the panel Dec. 16 along with a series of "sweeping reforms intended to change the way the Denver Police Department interacts with Denver's citizens."

The action was prompted by an officer's fatal shooting of Paul Childs, a developmentally disabled teen.

In January the mayor appointed 38 community members, law enforcement members and city officials to the commission.

The eclectic mix led to tense and often-argumentative meetings.

"I think the tension is going to be there because there is some deep-seated antagonistic attitudes that have formed over the years," said the Rev. Paul Martin, a commission member. "There are people who are just anti-police and there are police who are set in their ways, and that came to the table from the first time we met."

Police Chief Gerry Whitman, also on the commission, said the process was eye-opening.

"Everyone has learned an appreciation for the other side," he said. "But there are going to be key points where we part ways."

Co-chairman Penfield Tate III said the antagonistic tone of the early meetings gave way to some understanding as time passed.

"It got emotional and heated, but I think sometimes you need an argument to clarify the issues before you can come up with the solutions," Tate said.

The plan calls for a city-funded independent police monitor and staff. The office of the monitor, which would have subpoena power, would become the investigative arm of the existing Public Safety Review Commission.

The review commission still would comprise volunteers appointed by the mayor.

The review commission and monitor would be charged with reviewing citizen complaints and files, including internal affairs investigations.

The proposal is similar to one Hickenlooper recommended when he announced the formation of the task force.

The panel also plans to recommend several changes to the police department's use-of-force policy, including encouraging officers to use varying degrees of force and to de-escalate situations whenever possible.

It also says officers must be prepared to deal with people who have impaired abilities and talks about the need for critical-incident teams to play a bigger role.

A subcommittee is drafting the civilian oversight proposal, which will go to the full commission Wednesday, its second-to-last meeting. "It's going to be close, but I remain fairly optimistic," said Federico Alvarez, co-chair of the commission.

Others aren't so optimistic.

Several members have asked for more time and others have suggested that the mayor will get a minority report with the official proposal.

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