The jailhouse death last summer of a Denver man who struggled with deputies was a tragedy, but one that didn’t violate department policy.
That was the finding of an extensive review of the death of Marvin Booker by Denver’s public safety manager, and we think it’s the right call.
However, the detailed report and video images of the altercation released Monday raise use-of-force issues that bear further examination. Those include whether it’s ever appropriate to use the so-called carotid hold, a chokehold designed to cut off a suspect’s air, and when it’s acceptable to use a Taser on someone who is handcuffed but continues to resist.
Both are issues in Booker’s death. Though we find the narrative of Booker’s continued fight credible, we are uneasy about the way these methods were used, even though their use did not violate department rules.
Apparently, the department also had concerns with the carotid hold. Shortly after Booker’s death, the department restricted its use. On Monday, Denver Director of Corrections Gary Wilson said that restriction would continue.
Furthermore, a Taser was used on Booker even after he was handcuffed, because officers said he continued to resist by kicking and trying to get deputies off of him.
Though this is within policy, we wonder whether it should be. We understand it is important to maintain control within a jail where other inmates are moving about, and that a kicking inmate can be dangerous. Yet there were up to five deputies working to subdue Booker, and the video images show little movement at the time they delivered the Taser shock.
The review found the use of the Taser was reasonable, but we still wonder whether it was necessary. Further muddying the water is the lack of a definitive cause of death. The coroner ascribed it to cardiorespiratory arrest, though it’s impossible to know exactly which action or factor led to Booker’s death.
However, a couple of other matters became clear as a result of the report, video and witness accounts. It did not seem that deputies involved were bullying Booker or acting unprofessionally. It also appears they acted quickly to get him medical help once they realized he was in trouble. Less than a minute and 45 seconds transpired between the time they left him in the cell, where he was reportedly responding to commands, and the time a nurse ran into the cell.
Another persuasive bit of evidence in our minds is the finding of independent police monitor Richard Rosenthal, who emphatically said the investigation was thorough and the findings appropriate. Rosenthal has not been shy about calling out lying cops and those who use excessive force, so his determination carries significant weight in our minds.
We also are glad to see an expeditious finding in this case. Mayor Bill Vidal, who is a short-term caretaker in the mayor’s office, pledged to resolve several of the thorniest police disciplinary cases before leaving the post in mid-July, and he is keeping his word.
The sheriff’s department, with the help of Rosenthal, also will review its use-of-force policies. We think that’s an appropriate way forward in the wake of Booker’s death.
