The FBI confirmed that agents are reviewing two cases involving Denver police and sheriff’s officers to determine whether a civil-rights investigation should be launched by the U.S. Department of Justice.
“While it’s our general policy to withhold comment on whether or not we are conducting any type of investigation, I can confirm we are working with DOJ to assess the Marvin Booker and Michael DeHerrera matters and determine if predication exists for federal civil-rights investigations,” James Yacone, special agent in charge of the Denver FBI, said Friday.
Booker, a homeless street preacher, died in custody at Denver’s jail after a scuffle with several deputies last year. In 2009, DeHerrera was beaten without provocation by Denver police in Lower Downtown while using his cellphone.
Both incidents were captured on camera. Yacone’s statements come a day after the Department of Justice confirmed a review is in a “threshold stage.”
Although there are several recent allegations of misconduct by individual officers, Yacone said the FBI has no information of “systemic deficiencies with how Colorado law enforcement agencies train or carry out their responsibilities.”
That distinction is key because the DOJ can open two kinds of investigations. One could be criminal, investigating a particular officer or incident. The other could be a civil investigation of a law enforcement agencies’ “pattern and practices” to determine whether changes in training or use-of-force policies are necessary.
Also Friday, lawyers for Booker’s family sent a formal request for an investigation to the DOJ’s civil-rights division.
“Given Denver’s inability to police its own law enforcement and prevent the persistent use of excessive force, a federal investigation appears to be the only vehicle to hold the city accountable for the unconstitutional conduct of its law enforcement officials,” wrote Booker family attorney Darold Killmer.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
