Arguing that a 90-day suspension was excessive, attorneys for a police officer who fatally shot a man in his bed have appealed their client’s penalty.
Ranjan Ford Jr., whose unpaid suspension is to run until November, filed a written appeal last month challenging the fairness of the discipline imposed by Denver Manager of Safety Al LaCabe.
The suspension, according to the appeal, is not supported by evidence, is disproportionately severe compared with discipline given other officers and is “an abuse of discretion.”
An appeal hearing at the Civil Service Commission is scheduled for Jan. 9. If a hearing officer overturns Ford’s suspension, he could be reimbursed for lost wages and benefits, said Brian Kellogg, the commission’s senior personnel analyst.
Ford has said he fatally shot Frank Lobato on July 11, 2004, after believing the man in bed had a gun. Instead, a soda can was found on the floor of his bedroom. At the time of the shooting, Ford and other officers were searching for another man wanted in a domestic-violence case.
LaCabe said in a report that the investigation indicated Ford was startled when Lobato moved. Ford ducked and accidentally fired his 9mm Glock handgun, the inquiry found.
According to Ford’s appeal, Police Chief Gerry Whitman made a recommendation July 21 that Ford be disciplined for 30 days. On Aug. 5, LaCabe tripled the penalty.
The discipline fails to recognize Ford’s past record of service, including the fact he has never been in an incident that required serious discipline, his attorney, David Bruno, wrote in the appeal.
Last year, a hearing officer overturned a 10-month suspension LaCabe gave to officer James Turney in the fatal shooting of Paul Childs, a developmentally disabled 15- year-old.
Denver attorney Kenneth Padilla has filed a $10 million lawsuit against Ford and the city on behalf of Lobato’s family.
Staff writer Kirk Mitchell can be reached at 303-820-1206 or kmitchell@denverpost.com.
