The city of Denver is suing to try to stop Denver police Officer Eric Sellers from appealing his suspension after he choked and handcuffed a volunteer firefighter, 9News has learned.
Monday’s lawsuit likely will postpone Sellers’ hearing before the Civil Service Commission, which is scheduled for Feb. 7.
On Nov. 23, 2008, volunteer Brighton firefighter Jared Lunn was in downtown Denver and complained to Sellers that a man had punched him in the face, Lunn said.
Lunn said that instead of helping him, Sellers grabbed him, choked him, slammed him to the ground and screamed obscenities at him.
Another officer on the scene allegedly told Lunn’s friends, “Your buddy just got (expletive) up by the toughest cop in Denver.”
9News has linked Sellers to another alleged attack on a driver two months later.
John Crespin said Sellers and other officers followed him home in his car in January 2009.
Then, Crespin said, Sellers put him in a chokehold, handcuffed him and repeatedly punched him.
“I told him to quit, quit, and he wouldn’t quit,” Crespin told 9News in 2009.
“He did it one more time, and he grabbed my face and said, ‘Who the (expletive) do you think you are?’ “
The Denver Police Department suspended Sellers for 45 days for “inappropriate force” and “commission of a deceptive act” in the Lunn incident.
But after Sellers’ punishment was made public and the victims talked with 9News, then-Manager of Safety Ron Perea reopened the case against Sellers.
Sellers’ suspension began Aug. 1.
Perea rescinded his discipline Aug. 24, and Sellers was returned to duty and was given a check for all back pay he was owed from the days he was suspended, according to court documents.
In its lawsuit, the city asked a district judge to stop the Civil Service Commission from hearing Sellers’ case so the new interim manager of public safety could issue a new punishment against Sellers.
Sellers argues that any other punishment would be tantamount to double jeopardy.
He is appealing his 45-day suspension.
The Civil Service Commission can reduce the number of days he was suspended, reaffirm the 45 days or increase his punishment.
The matter is scheduled to be heard by District Judge William Hood on Feb. 4.
