Aurora – Criminal charges against a disabled mother and her 12-year-old daughter were dropped Monday, and the pair’s attorney said a federal lawsuit against the police department is likely.
“Now, we go on the offensive,” said defense attorney David Lane. “In very short order, we will begin a lawsuit filed in federal court.”
Lane represents Loree McCormick-Rice, 51, and her daughter, Cassidy, who faced misdemeanor charges of obstructing a peace officer, resisting arrest and failure to obey an order. The charges stemmed from a June 17 confrontation with an off- duty Aurora police sergeant outside a grocery store.
McCormick-Rice and Cassidy say they’re victims who were harassed by Sgt. Charles DeShazer, who they say hurled racial slurs at them.
“I’m sure this is going to slice some years off of me,” McCormick-Rice said after the dismissal. “It won’t end the nightmares.”
City Attorney Charlie Richardson attended the hearing Monday in which the court viewed a videotape of the pair’s arrest, which showed both being roughly forced to the ground and handcuffed.
As McCormick-Rice testified at the hearing, Richardson summoned an assistant city attorney handling the case and whispered to him, telling him to dismiss.
After the judge dismissed the charges, the courtroom, full of supporters, burst into applause.
“After listening (Monday), I’m convinced we could not prove the case beyond a reasonable doubt,” Richardson said.
“I’m not convinced a jury would have labeled her as a criminal.”
DeShazer could not be reached for comment, and the Aurora Police Department referred comment to the City Attorney’s Office.
McCormick-Rice told the court she was putting groceries into her van, parked in a handicap spot, when DeShazer approached and asked for proof of her disability.
McCormick-Rice pointed out a placard on the rear-view mirror, and DeShazer cursed at her with a racial slur, she testified.
The mother and girl went into the store, at East Mississippi Avenue and Chambers Road, to complain. When they came out, DeShazer, who was working off-duty security at the shopping center, followed them in an unmarked car. He turned on flashing lights, pulled them over, and a confrontation ensued. Cassidy fractured her shoulder in the incident.
Lane said he’ll pursue a civil suit against DeShazer, and perhaps the city, based on police brutality.
Lane said he was “shocked” by the dismissal because McCormick-Rice’s conviction would have hurt their chances in an upcoming civil suit.
“They know they are looking down the barrel of a federal lawsuit,” Lane said.
“A police officer like this thinks he is the law and he can do whatever he wants to do.”
Staff writer Kieran Nicholson can be reached at 303-954-1822 or knicholson@denverpost.com.
