Clarification sought in suspension of officer who shot Paul Childs

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

James Turney's 10-month suspension for the fatal shooting of Paul Childs has been returned to the manager of safety's office for clarification, officials said Monday.

A Civil Service Commission hearing officer sent the suspension back to the city at the request of Turney's lawyer within the last week.

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"What they have asked me to do is apportion the 10 months that I have given him in discipline," said Manager of Safety Al LaCabe.

Traditionally, the police department breaks down the discipline an officer receives by violation, but in Turney's case that didn't happen.

Instead, LaCabe issued a blanket 10-month suspension without pay to Turney in April. Police Chief Gerry Whitman also said at the time that when Turney returned to the department he would have a desk job.

Turney shot Childs on July 5, 2003, after the developmentally disabled teen walked toward him with a kitchen knife. Turney, who was cleared of any criminal wrongdoing, was responding to a call that Childs was threatening his mother with the knife.

In a public letter about the decision, 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.

Turney appealed that decision to the commission, saying that he wants to return to street patrol and calling the chief's decision to give him a desk assignment a violation of the City Charter.

Detective John White, police spokesman, said Monday he believed the issue was a matter between the Civil Service Commission and the safety manager.

"The chief made his recommendation (for discipline), and the manager made his recommendation," he said.

The decision to request clarification came during some of the preliminary discussions between the city and Turney's lawyers.

The hearing on Turney's appeal isn't set to start until the end of September. After the hearing officer issues a decision in the case, Turney or the city will 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@RockyMountainNews.com or 303-892-2811 Staff writer Hector Gutierrez contributed to this report.

Copyright 2004, Rocky Mountain News. All Rights Reserved.