Inclusion Daily Express -- Denver City Attorney Will Fight For Turney's Suspension

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Denver City Attorney Will Fight For Turney's Suspension
By Dave Reynolds, Inclusion Daily Express
January 21, 2005

DENVER, COLORADO--The City of Denver will fight a January 13 decision which overturned a 10-month suspension for Denver Police Officer James Turney.

It took just one week for City Attorney Cole Finegan to announce that his office would appeal the decision made by Civil Service Commission hearing officer John Criswell to overturn Turney's suspension related to the shooting death of 15-year-old Paul Childs III. In that ruling, Criswell said that Turney should not be punished over Childs' shooting because he did not violate department policies.

"To say that many in the community are disappointed, and that I am disappointed, would be an understatement," Mayor John Hickenlooper said of Criswell's decision.

According to the Rocky Mountain News, Finegan said that Criswell misinterpreted department rules and policies in making his decision. Finegan plans to file a notice of appeal with the Civil Service Commission and District Court by January 28 asking for Criswell's decision be reversed and Turney's suspension be reinstated.

On July 5, 2003, the Childs family called 911 to report that Paul, who had mental retardation and epilepsy, was carrying a kitchen knife around the house in a threatening manner. His mother, Helen, later said she wanted police to come and calm her son down because he liked the officers and had often talked with them.

Several officers, some of which were armed with non-lethal Tasers, arrived and ordered everyone out of the house. Officer Turney arrived at the scene, approached Paul in the front doorway and told him to drop the knife he was clutching with both hands in front of his own face. When Childs failed to drop the knife, Turney fired four times, killing him.

The incident led immediately to public outcry, along with calls for Turney's firing. While an official inquiry cleared Turney of criminal charges, Manager of Safety Al LaCabe determined that Turney had violated the department's "use of force" policy by unnecessarily forcing a confrontation with Childs. He determined that Turney should have stepped away from Childs and allowed a security door close between him and the teen. In April of last year, LaCabe suspended Turney for 10 months without pay and ordered that he be restricted to office work when he returns to work.

Criswell's ruling cleared Turney to return to work on January 14. Before he can return to the department, however, he must go through drug tests, a background check and lie detector examination -- a process which could take up to a month. In the meantime, Turney is suspended without pay.

Police Chief Gerry Whitman said that when Turney does return there is no guarantee that he will be assigned to a patrol job.

"It's not an appealable thing. It's completely my decision," Whitman explained.

Finegan and Turney's lawyers have at least 120 days to file papers on the appeal. Then the Civil Service Commission will decide whether to review the case. The commission's decision can then be appealed to district court, the Rocky Mountain News reported.

Child was the second teenager with disabilities to be killed by Turney since he joined the department in 1998. On January 30, 2002, killed 18-year-old Gregory Smith Jr. in the home of Smith's mother. Turney shot the partially-deaf teen after he failed to follow orders to drop a pocket knife. Turney was cleared of criminal wrongdoing in that case as well.

Related:
"Weak Turney ruling should be appealed" (Denver Post)
http://www.denverpost.com/Stories/0,1413,36~417~2654197,00.html
"Turney case warrants appeal" (Denver Post)
http://www.denverpost.com/Stories/0,1413,36~417~2664945,00.html
"Two officers, two examples - too bad" (Rocky Mountain News)
http://www.inclusiondaily.com/news/05/red/0121b.htm
"The Death of Paul Childs III" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/crime/childs.htm

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