By Brian D. Crecente, Rocky Mountain News
April 24, 2004

Officer James Turney wants to return to street patrol, calling the chief's decision to give him a desk assignment when he returns from suspension a violation of the City Charter, according to an appeal he filed with the Civil Service Commission Friday.

Turney's appeal also maintains that the entire police force should receive new training on how to deal with situations similar to the one in which Turney shot and killed developmentally disabled teen Paul Childs, when Childs approached him with a knife.

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Manager of Safety Al LaCabe's decision to suspend Turney for 10 months without pay for the shooting was unlawful, arbitrary and ignored the evidence at hand, according to the nine-page appeal.

The Rev. Michael Thompson, Childs' uncle and a family spokesman, said the most important part of Turney's discipline was the fact he wouldn't be returning to the streets.

"The family feels that he shouldn't come back to the streets," Thompson said. "Look at this guy's track record."

Doug Jewell, Turney's lawyer, did not return calls Friday seeking comment. Denver Police Chief Gerry Whitman declined to comment.

Childs died July 5 after a confrontation with Turney, who responded to a call that the teen was threatening his mother with a kitchen knife.

Last week, LaCabe announced Turney's suspension. 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.

Jewell challenged LaCabe's decision on nine specific points:

LaCabe's decision was "unfounded and unsupported" by the facts and that the shooting was justified and lawful.

Jewell argued that LaCabe failed to look at Turney's five-year history with the department.

While at the department Turney received nine commendations, including a medal of valor and two official commendations, and was disciplined twice - both of which resulted in oral reprimands.

LaCabe also failed to examine Turney's performance evaluations and performance under similar circumstances.

The appeal called the decision a violation of accepted police practices, which "was imposed upon (Turney) for purposes other than the administrative control of the Denver Police Department."

Jewell wrote that Turney's suspension was disproportionate to the alleged offense, citing a rule that prevents city officials from punishing one officer more severely than those who committed similar offenses.

Turney's actions in the Childs' shooting was one dictated by the training he received by the department, Jewell wrote.

He added that the department has "utterly and completely failed to train (Turney) to respond to incidents of this nature."

Jewell also had an issue with the chief's decision to place Turney on administrative duties when he returns to the department. He argues that the decision is unlawful, unfounded and a violation of the city's charter.

The appeal concludes by asking a Civil Service Commission hearing officer to reinstate Turney to his position and reimburse him for lost wages or to shorten the suspension. It also calls for "adequate and related training" for Turney and the entire police department.

The Civil Service Commission hearing officer has 30 days to schedule a hearing.

After the hearing officer issues a decision, Turney or the city would 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 could also appeal to the district court.

crecenteb@RockyMountain News.com or 303-892-2811

Copyright 2004, Rocky Mountain News. All Rights Reserved.