Suspension ruling expected in January

By Sarah Langbein, Rocky Mountain News
October 30, 2004

Testimony in the discipline hearing of a Denver police officer involved in a fatal shooting ended Friday. But it also began an intense waiting period for an outcome in a high-profile challenge of the city's authority to discipline an officer.

For nine days, witnesses testified in officer James Turney's appeal of his 10-month unpaid suspension for tactical errors leading up to the July 5, 2003, death of teenager Paul Childs and for allegedly threatening Turney's ex- mother-in-law

Advertisement

Turney is seeking to overturn the suspension issued in April by Manager of Safety Al LaCabe.

Closing remarks by the city and Turney's lawyers will be submitted in writing to hearing officer John Criswell by Dec. 6. A decision will be announced in mid- January.

On Friday, Turney's lawyers again tried to establish that high-ranking city officials promised the Childs family, as part of a $1.3 million lawsuit settlement, that the officer would be restricted to desk duty. The settlement would be in jeopardy if city leaders, and not Police Chief Gerry Whitman, made such a deal. Whitman was not involved in settlement talks.

The Rev. Reginald Holmes, president of the Greater Metro Denver Ministerial Alliance, testified that no promises were made to him and that the city did not divulge any information about discipline decisions.

Michael O'Neill, a former Denver police commander and Turney's supervisor, was called as an expert witness in use-of-force and police response and procedures.

In his expertise, O'Neill said Turney's actions were reasonable and he "didn't act recklessly."

City attorneys grilled O'Neill about whether Turney should have backed away after everyone was out of the Denver home where the 15-year-old boy was holding a knife.

"I don't believe it would have been good police practice," O'Neill said. "I would not have left that position either."

He later said, "This thing was being driven by the suspect. . . . He was a clear and immediate threat to the officers."

Copyright 2004, Rocky Mountain News. All Rights Reserved.