DENVER (CBS4) – Agents with the FBI are now looking into the death of a homeless man who died after deputies at the Denver City Jail subdued him.
Booker was arrested for having drug paraphenalia in July 2010. Once in the jail he was ordered to sit down, but went after his shoes. Five deputies subdued him, saying he resisted, and Booker was shocked with a stun gun and put under a choke hold. He died after being brought to a cell and then to a hospital.
No one was charged or disciplined, and now at the request of Booker’s family, who is suing the city and deputies, the FBI is requesting documents and videotape depositions of the guards.
A federal judge refused the city’s request to throw out the family’s lawsuit, saying: “If what happened is what the plaintiff claims, then any reasonable officer in Denver or anywhere else would know that that was excessive force. It’s just not even a close call.”
Attorney Darold Killmer is representing Booker’s family.
“I think the city’s resistance of us giving evidence to the FBI is just more of the cover up they’ve done since the outset of this case,” Killmer said this week.
Booker’s family is accusing the city of obstruction.
“They don’t want anybody — the FBI, the (Department of Justice), the jury — to evaluate this evidence so they are doing everything to stop it,” Killmer said.
Eric Ziporin, who is contracted by the city for legal work on this case, told CBS4 this week that “everything that the FBI has requested, we have provided.”