Judge Tells Denver DA To Explain Why He Didn't Charge Deputy

DENVER (AP) — A judge has ordered Denver's district attorney to explain why he did not prosecute a sheriff's deputy who slammed a handcuffed inmate into a courtroom wall.

District Court Chief Judge Michael Martinez ordered Friday's rare court hearing and could compel District Attorney Mitch Morrissey to seek charges against the deputy or appoint an outside prosecutor to pursue the case.

The hearing comes just before the statute of limitations expires in the Sept. 11, 2012, incident involving Deputy Brady Lovingier and Anthony Waller, who was in court for an assault case.

On courtroom video, a calm-looking Waller is seen speaking to the judge when Lovingier suddenly grabs him by a chain around his waist. Lovingier then swings Waller around and slams him into a wall.

Waller falls to his knees after the impact. He said in a federal lawsuit that the attack was unprovoked and that he suffered broken teeth and head wounds.

Lovingier was suspended for what officials deemed excessive force, but he argued the force was necessary.

Martinez scheduled the hearing after Waller's attorney, Kenneth Padilla, argued there was no excuse for Morrissey's office not to charge Lovingier. A deputy district attorney who previously prosecuted Waller in an unrelated case declined to charge Lovingier, which Padilla said was a conflict of interest.

Morrissey spokeswoman Lynn Kimbrough declined to comment on the case, saying the district attorney's office would issue its response during Friday's hearing.

Activists have long criticized Morrissey for declining to bring charges against law enforcement officers, particularly when pertaining to police-involved shootings and use of force. Morrissey earlier this year announced he would not charge two Denver police officers who fatally shot a 17-year-old girl who was driving a stolen car, a case that sparked protests and calls for a special prosecutor.

Community leaders circulated a petition to recall Morrissey, saying his track record encouraged excessive force. Padilla referenced the recall effort in court documents asking Martinez to compel Morrissey to prosecute Lovingier.

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