Denver will appeal the reinstatement last week by a Civil Service panel of two former Denver police officers fired for filing inaccurate reports about a 2009 excessive force incident, City Attorney Doug Friednash said today.
Former manager of safety Charles Garcia fired Kevin Devine and Ricky Nixon in April. The two were accused of lying abouta scuffle outside the Denver Diner.
In a surveillance video, a woman is seen on the ground, with Nixon bending over her. Devine – who said he couldn’t see Nixon and thought he might be on the ground – is seen pushing Sharelle Thomas out of the way. He then throws a second woman, Kelly Boren, to the sidewalk.
Another woman is seen approaching him. The video shows Devine pushing the woman, Ana Perez, to the ground. Nixon turns and sprays her and others in the area with pepper spray.
The city will appeal the three-member hearing panel’s decision to the Civil Service Commission within the next few days, Friednash said. His office will also ask that the Commission stay the two officers’ reinstatement until the appeal can be heard.
Late last year, the Commission granted a stay to an earlier hearing panel’s order to reinstate Randy Murr and Devin Sparks, who were fired for lying after an internal affairs investigation found they assaulted Michael DeHerrera and later lied about the incident.
Both Murr and Nixon are involved in a third case that Manager of Safety Alex Martinez could decide in the near future.
The Internal Affairs Bureau recently completed an investigation into the arrest of Alexander Landau in 2009. In a lawsuit Landau brought over the incident, he accused Nixon, Murr and a third officer, Tiffany Middleton,of beating him without reason and then trying to cover up the incident.
The City settled that lawsuit for $795,000 last year.
The Police Department’s command staff, including Police Chief Robert White, are reviewing the investigation’s findings.
White will make a recommendation on the case to Martinez.
Tom McGhee: (303)954-1671 or tmcghee@denverpost.com
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