Alexander Landau’s claim that three Denver police officers beat him senseless led the city to settle his lawsuit for $779,000, but the police investigation into the incident remains unresolved more than a year after it began.
In that time, two of the cops Landau accused have been fired for involvement in other excessive force cases, Ricky Nixon and Randy Murr. Their terminations were then overturned by a Civil Service panel, a decision the city is appealing.
“This is a really serious matter and it is important that it be reviewed internally. We are three years out and officers are being reinstated and very important questions about conduct aren’t complete. Isn’t that part of the problem, that the police seem to be incapable of investigating themselves in a timely fashion,” said John Holland, Landau’s lawyer.
In September 2010, the Internal Affairs Bureau began the investigation into Landau’s claims that he was beaten during a traffic stop in 2009, said police spokesman Matt Murray.
The Bureau completed its investigation of the incident, which also involved Officer Tiffany Middleton, Aug. 11, Murray said. While the investigation is complete, it still must be reviewed by command personnel, including Chief Robert White.
“It is not on my desk yet, it is getting close to being there, but it is not there,” he said. “I know it has been a long process.”
One reason it has taken so long for the report to make it up the chain is that the ranking officer handling the case, District 6 Commander Tony Lopez, has also been busy with Occupy Denver protests, Murray said.
White said he is committed to finding ways to reduce the amount of time it takes the department to resolve complaints.
The agency launched the investigation after an initial review that discounted Landau’s complaint that he was beaten without reason during a traffic stop. A deputy monitor in then-police watchdog Richard Rosenthal’s Office of Independent Monitor signed off on Internal Affairs Bureau’s decision not to formerly investigate.
Acting Monitor Greg Crittenden said he couldn’t discuss the case because it is still open.
Internal Affairs can decline a complaint “if IAB and the Monitor agree that the complaint is untimely or false,” according to the Office of Independent Monitor’s website.
Landau’s suit claims that Nixon punched Landau in the face while Murr and Middleton held him. Murr then yelled “He’s going for the gun,” and among other things Landau was charged with attempting to disarm Middleton. The Denver District Attorney’s Office subsequently dropped all the charges.
Landau’s suit alleges that in initial reports by the officers none mentioned that he had actually touched Middleton’s gun.
Nixon later told investigators he had seen Landau’s hand on the weapon and that he had also seen the bloody imprint of Landau’s hand on the gun.
Neither Murr nor Middleton claimed that Landau had touched the gun. Nixon also said he saw Middleton wipe the blood from her weapon.
“Middleton never reports wiping off any blood or handprint evidence on her gun at the scene,” the suit said.
Landau suffered brain damage and the city settled the suit, without accepting liability.
Both Murr and Nixon were later fired for allegedly lying in other excessive force cases. Former Safety Manager Charles Garcia dismissed Murr and Devin Sparks for lying after an internal-affairs investigation found they assaulted Michael DeHerrera and later lied about the incident.
Garcia also fired Kevin Devine and Nixon, who were accused of lying about a scuffle outside the Denver Diner.
The Civil Service Commission has agreed to stay Murr’s reinstatement until it can hear the city’s appeal of a panel decision overturning his termination. The city is asking the Commission to stay a similar panel decision in Nixon’s case.
Tom McGhee: (303)954-1671 or tmcghee@denverpost.com
