A Denver deputy sheriff faces assault charges for allegedly slapping an uncooperative DUI arrestee in the county jail.
Anne Kelly, 51, an eight-year veteran of the Sheriff’s Department, received a summons Wednesday that charges her with third-degree assault, a Class 1 misdemeanor, as well as a lesser misdemeanor count, said Denver district attorney’s office spokeswoman Lynn Kimbrough.
Kelly could receive up to 18 months in jail and a fine of up to $5,000 if found guilty of assault, and up to six months and $750 for the second count of harassment.
She is now on investigatory leave with pay pending the outcome of the criminal and internal investigations.
“We don’t have any comment at this time. After receiving discovery in the case and conducting our own investigation, we may give a comment,” said Kelly’s lawyer, Nikea Bland.
The Sheriff’s Department could suspend or terminate Kelly if she is found to have used excessive force or violated other regulations, said sheriff’s spokesman Capt. Frank Gale.
The charges stem from a March 25 incident in which an alleged drunken driver, Felicity Tierney, 41, refused to cooperate while at the detention center. Tierney couldn’t be reached for comment.
The Sheriff’s Department referred the allegations to the Denver Police Department’s Internal Affairs Bureau for investigation, a standard practice in such cases, said Undersheriff Gary Wilson.
Internal Affairs turned the matter over to the district attorney’s office at the end of last week, said Kimbrough. Tierney was charged with assault on a peace officer in the jailhouse incident, but the DA threw that charge out.
“The initial information presented to our office indicated that in the course of this incident she had assaulted the deputy. On further investigation and review of the video, we dismissed that charge against her because we didn’t believe that we could bring charges. Had we had a chance to review the video prior to filing that count, we wouldn’t have done it,” Kimbrough said.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
