A judge has declined to overturn the 10-month suspension of a Denver police officer in connection with the 2003 fatal shooting of a developmentally disabled African-American teenager.
Denver District Judge Sheila Rappaport this week issued a ruling affirming Safety Manager Al LaCabe’s decision to suspend Officer James Turney for 10 months after the shooting of Paul Childs, 15.
Neither Turney, who has already served the suspension, nor his attorney, Doug Jewell, returned telephone calls seeking comment.
On July 5, 2003, Turney shot Childs, who was wielding a knife.
The case was one of several shootings that sparked criticism by community activists and helped propel reforms of the Denver Police Department by Mayor John Hickenlooper.
The shooting of Childs prompted LaCabe to set up a committee to develop a new disciplinary system for Denver police.
Police Chief Gerry Whitman originally had recommended a 20-day suspension for Turney. But LaCabe, who runs the Police Department, imposed a 10-month suspension, finding that Turney used poor tactics and could have defused the situation by closing the front door while Childs was standing just inside the doorway to the home.
LaCabe’s punishment was overturned by a hearing officer, John Criswell, who ruled “that no reasonable Denver police officer with officer Turney’s training and background would have thought” of closing the door.
LaCabe appealed Criswell’s ruling to the full Civil Service Commission, which reinstated LaCabe’s original punishment of a 10-month suspension. Turney then appealed to the court.
In her ruling, Rappaport wrote: “The manager of safety, whose interpretation of the rule is entitled to substantial deference, testified quite logically to the reasons why he deemed officer Turney’s actions to be in violation.”
She added that the commission, in reversing the hearing officer, “did not exceed its constitutional or statutory authority or act in an arbitrary or capricious manner.”
Turney could still appeal further. Should he prevail, he could receive back pay.
Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
