Fired Denver Police officer Kevin Devine today told a Civil Service panel he was not required to report some of his controversial actions in front of the Denver Diner two years ago.
But Division Chief David Quinones, who reviewed the investigation into the 2009 incident, said Devine should have reported his treatment of one woman, Sharelle Thomas.
In April, former Safety Manager Charles Garcia fired Devine, 46, and a second officer, Ricky Nixon, 40, for commission of a deceptive act in connection with the 2009 incident, which was caught on camera.
In the video, Devine is shown walking to the scene near the diner, where Nixon is bending over a woman who is on the ground. Moments later, Devine pushes a woman who is coming at him and then throws a second woman to the sidewalk and holds her as Nixon sprays her with mace.
A Civil Service Commission panel this week is hearing their appeal of the firings.
The pair’s lawyer, Brian Reynolds, walked Devine through a review of circumstances outlined in the Denver police manual that require reporting use of force.
None required him to report shoving and pulling Thomas, Devine said.
Quinones said he disagreed with independent monitor Richard Rosenthal, who recommended both officers be fired, and said Devine lied about the size of the crowd and a number of other things.
But he agreed that Devine should have reported his treatment of Thomas.
Brian Reynolds, a lawyer for Nixon and Devine, went through the list of actions that require an officer to report using force. Grabbing and pulling Thomas didn’t fall into any of the categories, Reynolds said.
An action “can rise to a level where it should be reported if it is not on this list,” Quinones said.
Jay Spencer, who was with Thomas, Kelly Boren and Boren’s boyfriend that night, contradicted some of the things that Devine told the panel.
He said there were few people on the sidewalk that night when his group arrived at the diner. They saw a cop pull someone out of the diner and bring her to the ground, he said.
Devine pushed through the small group without identifying himself and Thomas scolded him for pushing. Devine turned with his night stick in the air and began pulling her away as Spencer held onto her.
When Boren grabbed Thomas as well, Devine grabbed her and threw her to the ground, Spencer said.
Spencer began to move Thomas into the diner and at that point was maced by Nixon.
Devine gave the following version.
At about 1:30 a.m., as he was crawling through late-weekend night traffic, he received an alert advising “an officer is in dire need of assistance.”
He sped up and stopped at the diner, near the corner of Speer Boulevard and Colfax Avenue.
A crowd had gathered around Nixon and Devine said it looked like his fellow officer was struggling with someone on the ground.
Devine pushed through the crowd, telling people to move out of the way. The only thing he knew at that point was that Nixon was in trouble.
When he reached the front, the video shows him grabbing someone from the crowd. That person was Thomas, and she was argumentative, saying he shouldn’t be pushing and that Nixon should let the other person go.
She was instigating the crowd, Devine said. Following riot-control techniques, he said, he pulled her away from the others.
The man behind Thomas was holding her and as Devine pulled, “everyone began to close on us.”
As he was dealing with Thomas, Boren “attempted to grab me, and I instinctively pushed that person away,” he said.
Thomas sat down on the pavement, he said, and Perez came toward him. The video shows Devine pushing her to the ground holding her there as Nixon turns and sprays her. Nixon then sprays mace at the crowd.
The spray made it difficult for Devine, a former New York City police officer, to see and breathe.
The physical difficulties made it difficult to cuff Perez. When he was able to get her into handcuffs, someone gave him water and he rinsed his eyes.
As he was rinsing his eyes Thomas demanded that he take her to Denver Health Medical Center so she could get medical attention for her burning eyes.
There was an ambulance on the scene and he refused, telling her that the paramedics would treat her on the scene.
“Take me to the f…ing hospital now, or I’m going to have your job,” he said she told him. Thomas said her father worked for then Mayor John Hickenlooper.
Spencer later testified that she never swore nor said her father worked for the mayor.
Devine said that, under the use-of-force guidelines, he wasn’t required to report details of his contact with Thomas and Boren.
He never made any attempt to cover up what happened during the investigation, he said.
In firing the two, Garcia ignored a recommendation by Denver Police Chief Gerald Whitman that Nixon and Devine get 30- and 14-day suspensions, respectively.
After a chief’s hearing that is part of the discipline process, Whitman told him that “in no way was this a fireable offense,” Devine said.
Whitman also said that his statements and those of Nixon were more consistent with the video than those of any other witnesses, Devine said.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
