A federal magistrate judge will not order the city and county of Denver to turn over the internal-affairs file of Police Chief Gerald Whitman to a woman whose husband was shot to death by police in 2007.
U.S. Magistrate Judge Kathleen Tafoya ruled Whitman’s file is irrelevant to the lawsuit filed against him and the officer who fatally shot Jason Gomez.
Gomez’s wife, Vicki Lynn Trujillo, has sued the city, Officer Timothy Campbell and Whitman alleging there is a lack of training and discipline on excessive force that led to the shooting of her husband.
Her attorney, Kenneth Padilla, sought Whitman’s records to find out whether the chief had any complaints in his file and whether he was properly disciplined in an effort to prove the department is deficient in keeping its officers in line.
“Let’s assume there is something in Chief Whitman’s file; it just doesn’t have any relevancy,” Tafoya said during a hearing Wednesday. “To say there was an incident where he did not get punished enough and it had influences at the time Mr. Gomez is shot is far-fetched. There is a mayor and a manager of safety and a City Council, and there is so much supervision of a police department. . . . To suggest he got away with something in the past and it influenced this case just defies logic.”
Padilla told the judge he knows from other federal lawsuits and from media reports that Whitman has had complaints filed against him.
“This is not just a fishing expedition, judge,” Padilla said. “I think I have a good-faith basis that there are things in there. The records are relevant to the total lack of accountability of the Police Department.”
Whitman has declined to comment on the issue while litigation is pending.
But Thomas Bigler, an attorney for the city, said Padilla’s claims are unfounded.
“He is entitled to privacy of his records,” Bigler said of the chief.
Unlike some other states, Colorado statutes give taxpayer-funded government agencies broad latitude to keep their records secret.
Tafoya did grant Padilla access to Campbell’s records, including excessive-force complaints that were filed against him.
Campbell shot Gomez six times Dec. 19, 2007, after an attempted traffic stop and foot chase.
The officer said Gomez shouted threats and acted as if he had a gun before Campbell shot him. Gomez was only in possession of a cigarette lighter.
The Denver district attorney determined the shooting was justified and declined to file charges.
“Campbell is a good officer, and he has been grossly maligned here today,” Bigler told the judge.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
