Pubdate: Sat, 15 Jan 2000
Source: Denver Rocky Mountain News (CO)
Copyright: 2000 Denver Publishing Co.
Contact:  400 W. Colfax, Denver, CO 80204
Website: http://www.denver-rmn.com/
Author: Hector Gutierrez, Denver Rocky Mountain News Staff OFFICERS TO FACE DISCIPLINE

Cops violated policy on 'excessive force' in pair's arrest that was taped
by TV news helicopter crew

Several Denver police officers will be disciplined, and some could be
suspended, for their actions last summer in the televised arrests of two
alleged drug dealers, Denver Safety Manager Fidel "Butch" Montoya announced
Friday.

The officers violated departmental policies "in the areas of excessive
force, careless handling of firearms and ... procedures involving officer
safety," said Police Chief Tom Sanchez. He recommended discipline including
suspension, loss of pay and written reprimands.

City officials refused to name the officers, citing personnel issues.
Authorities also declined to reveal how many of the arresting officers face
discipline.

Friday's decision contrasts with last month's findings by Arapahoe County
District Attorney James Peters, who cleared seven officers of criminal
wrongdoing, saying they used reasonable and appropriate force in the
arrests following a chase.

"They acted in compliance with the training manual and used only the amount
of force required to overcome the resistance of the suspects," the
prosecutor's report concluded.

After that report was issued, Denver Mayor Wellington Webb directed Montoya
to investigate, saying he believed the conduct of several officers was
"suspect."

The police department's internal affairs unit also was investigating.

"Their conclusion found that the procedures were not followed and
disciplinary action was given out, which is appropriate," Webb said Friday.

In Webb's memo to Montoya, the mayor singled out the actions of officers
Abelino Gutierrez, Jamie Castro and Covey Hall and questioned whether they
followed department policies.

For instance, the mayor singled out Gutierrez for hitting one of the men,
Aguedo Garcia Martinez, in the back of the head with his handgun and
slapping him.

Webb also noted Hall used his pistol to hit Garcia. And Webb mentioned
Castro hit suspect Eduardo Morales in the head with the butt of his pistol.

"My limited understanding of police procedure suggests that it is never
appropriate to strike a suspect with the butt of a pistol," the mayor said
at the time.

Police spokeswoman Mary Thomas pointed out that while criminal prosecutions
require proof beyond a reasonable doubt, administrative discipline requires
only a preponderance of evidence.

A TV news helicopter crew videotaped the police chase through downtown
during rush hour Aug. 23.

The tape showed the suspects stopping at a dead end in the 1800 block of
West Colfax Avenue.

The camera crew then filmed officers as they pulled the men out of their car.

Several officers slapped, pistol-whipped and kicked the suspects while
subduing and handcuffing them.

The two men are facing federal and local charges of conspiring to
distribute illegal drugs and vehicular eluding.

Contact Hector Gutierrez at (303) 892-5204 or  ---
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