Lying, Excessive Force Alleged

Written by Brian Maass

DENVER (CBS4) – Denver’s Manager of Safety fired two patrol officers Monday for “Commission of a Deceptive Act” during the course of an excessive force incident.

Officers Kevin Devine and Ricky Nixon were terminated for an incident that occurred on July 12, 2009, outside the Denver Diner.

“We continue to hold the Denver Police Department to the highest standards of professionalism and will not tolerate untruthfulness or inappropriate force,” said Manager of Safety Charles Garcia in a statement released to CBS4. The incident in question was caught on videotape by one of Denver’s HALO surveillance cameras.

Last week, CBS4 reported Denver Police Chief Gerry Whitman recommended a 30 day suspension for Nixon and a 14 day suspension for Devine for the Denver Diner incident. The Manager of Safety disagreed with the Chief and felt more severe discipline was warranted.

“It is our hope,” said Garcia, “that by restoring public confidence in the disciplinary process, we will restore confidence in the Department and all our fine officers.”

Both officers were technically fired for lying about what occurred, and each was also disciplined for using inappropriate force.

A videotape obtained by CBS4 and aired Monday night shows one of the officers using a billy club to shove several women to the ground. Moments later, the same officer has a woman on her knees and subdued, when a second officer is seen approaching her and spraying mace in her face. He then turns on the crowd and sprays them with mace.

(credit: CBS)

A short time later, two women who are already on the ground and in handcuffs are handled roughly by officers.

Nick Rogers, president of the Denver Police Protective Association, said he had reviewed the videotape hundreds of times and saw nothing wrong. “They did everything exactly right. There is no pretty way to arrest someone,” said Rogers.

Both fired officers have the right to appeal their terminations.

Statement From Manager Of Safety

Denver Manager of Safety Charles Garcia released the following complete statement about the case on Monday night:

“The decision today to terminate Officers Devine and Nixon was reached following a very fair, thorough and complete review of the case and reliance on the discipline matrix. We continue to hold the Denver Police Department to the highest standards of professionalism and will not tolerate untruthfulness or inappropriate force. Each officer has an affirmative obligation to serve and protect, as well as ensure constitutional policing from all officers in the department. It is our hope that by restoring public confidence in the disciplinary process, we will restore confidence in the department and all of our fine officers.”

Comments (27)
  1. Nyugdíj 2012 - Özvegyi nyugdíj 2012, öregségi nyugdíj, rokkantnyugdíj says:

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  2. Deena says:

    Wham bam thank you, ma’am, my questions are asewnred!

  3. Sol Sidewinder says:

    I have the UTMOST respect for The policemen and women, who’ve pursued the fiield of law enforcement because they’ TRULY want to improve the communities they serve! I hail the officers who arrest the violent offenders, pedophiles, crooks, socioopaths and all dangerous criminals who pose a threat to public safety-
    THAT’S DOING THE JOB! Yes, there are risks, and YES, it CAN be dangerous. Sadly, there have been too many officers who lost their lives, in the line of duty.
    Unfortunately, in this day and age, there’s more of a tendenncy to “zero in” on the non-violent offenders (traffic infractions- and minor petty offenders) than those who truly pose a risk to public safety and well being.
    This seemingly ENDLESS deporable economy of double-digit unemployment figures, record deficits, and deep spendingf cuts, have affected all levels of government accross the nation.. sorry, I have yet to experience the “hues” from those “rosey” forcasts of economic gain projected by well-paiid political analysts, at CNN, MSNBC, etc et. The economy, over-staffing in many jurisdictions, and a number of lawsuits against DPD and the city and county of Denver, for wrongful death,excessive force, and sim. wrong-doings, has resulted in a system hard-pressed and strapped for cash. Anything, no natter how minor (ridiculous) it may seem (ridiculos most accurate) , is “fair game”.
    The more 3-digit citations issued= the more money/revenue generated=increased job security- for THEM! increased job security.
    sorry, I have yet to experience the “hues” from those “rosey” forcasts of economic gain projected by well-paiid political analysts, at CNN, MSNBC, etc et , (Afterall, not only are gang-bangers, bank robbers, and sociopaths the likes of Snook Doggie dog Yo’ pimp daddy, an” his’ boyz in da’ hood, prone to violent, irrational behavior, they’re also known to carry guns. It could be dangerous to tangle with folks like that!
    Here’s a thought for those prone to sadistic behavior, and who, othertwise get that rush
    For those who get that “rush” from wielding power over those who can’t fight back, and those who are prone to sadistic behavior. Or, just those who continually abuse, misuse and violate their authority as they TRAMPLE on the basic rights of citizens FYI – NEWSFLASH: Bullies are fast losing popularity in society’s eyes!
    QUESTION: ISN’T IT TIME TO BE REAL “MEN” and to start earning OUR TAX DOLLARS by TARGETING, PURSUING and REMOVING from the general population, THOSE who POSE A TRUE THREAT to the well-being of other citizens???? OUR TAX DOLLARS PAY COPS $50,000 per-year (to START) salaries, w/FULL,, benefits, and a nice pension fund and other amenities.
    THAT’s A LOT more than a LOT of folks make!
    IT’S A WASTE of TAXPAYER $$ when a number LEOs place extensive focus on minor non-violent offendersIT’s NOT MY JOB to be “milk machine” to ensure the “job security” of SOMEONE I don’t even know! Perhaps if monthly quotas contained more arrests on and to make monthlly quotas! of the “monthly quota It MAKES ME, (and OTHER taxpayers–who ALSO pay your salaries) FEEL REALLY ANGRY, and CHEATED, when we pay the salaries of COPS who sleep in their squad cars when they’re SUPPOSED to be on duty. It’s even MORE infuriatiing when we pay COPS to watch porn,. WWF Wrestling, ESPN’s pre-season college football, or ANYHING non-relevant, while they’re SUPPOSED to be on duty.
    When my tax dollars pay for patolling and ensuring security in places where their “skills” could readily be available to assist those in need, I feel it’s $ well spent,. Whether it’s to, maintain order in potentially volatile settings,, or provide back-ujp for fellow officers,, COPS who sit in their squad cars taking up parking space at a place of business, while he runs license plates on all vehicles (not to
    check for plates of stolen vehicles or dangerous fugitives
    —that would be too helpul, and could involve danger). Rather, as a search of those with warrents because he/she missed a court date, or that someone’s license may be on “hold” son football on the squad car computer,
    REMEMBER: YOU CHOSE a career in LAW ENFORCEMENT and police work MUST HAVE HAD SOME IDEA there might be an elemment of danger involved BEFORE
    Often, they won’t hesitate to use them, esp.. if they know one more arrest, parole violation, or f**k up of any kind, could land them in the slammer for 20 years. DESPITE the “rosey” forcasts of “recovery, projected by affluent political analysts seen on CNN and MSNBC, is STILL

  4. SMfeet says:

    police officers who because of the nature of thier job already have to worry about thier lives, should not have to worry about thier jobs in the act of perserving thier lives and the lives of others. Shame on all you who are passing judgement on these officers when you do not know the full story…i wish there was a away to disconect your number from emergency services, you don’t deserve the right of that service but fortunatly for you when you need them the friend of these officers will be there for you.

  5. Nospam says:

    They need to fire Nick Rogers also. Dumb ass Can’t seem to see bad cops doing wrong.

  6. The Riz says:

    I am grateful to have a public servant like Mr. Garcia working to restore some sense of order in the DPD. I feel better knowing these officers are being held accountable for their unreasonable actions.

  7. IHL says:

    Can you believe this the Union says they did nothing wrong. Just another incident to prove the Unions and the cops are crooked.

  8. malahni says:

    I watched the video and in all fairness we can’t hear what they are saying to each other. From what I saw though the police had every right to restore control of a crowd that was bombarding the officers. It seemed the people on the video were going at the police officers. The officers didn’t know if anyone of those people had any type of weapon and it didn’t look as if the group of people were letting up and backing away from the officers. They had every right to protect themselves. Police officers die everyday from situations like this and at the end of the day they want to go home and be with their families. And when you’re hand cuffed and your sitting down on the ground you don’t start standing up and walking around, just sit there. If an officer tells you to stay back then stay back or you will get peppered sprayed and if you go at an officer you may not like the end result of what happens to you.

    The officers shouldn’t have lied in the police report they should have been suspended for the 3 days.

    Citizens expect cops to be sensitive and nice in these situations but that isn’t their job. In most major cities if a situation occurred like this one the people involved wouldn’t be treated any different from any other officers.

  9. KST says:

    It is Fire Season in Colorado. Not in the mountains but at the Denver Police Department. Six officers in 30 days for deviating from the truth. I see a trend. I see politics. I see the Manager of Safety violating the sacred Matrix.

    Since four of these officers could not be fired for excessive force, the MOS is using deception and lying as a way to get them fired.

    Matirx 2.13- No rule or policy shall be created, interpreted or applied so as to lead to a result which is unjust, unreasonable or unconscionable, and contrary to the goals and purposes of these Conduct Principle and Disciplinary Guidelines. Matrix15.3- In determining the conduct category, the definition of the category and analysis described in this section should control the determination of what category applies to the violation in question. No attempt should be made to unjustifiably or unreasonably “fit” a violation into a particular conduct category based upon the desire to reach or avoid a certain discipline level or a certain penalty.

    It took almost two years to “fit” termination as the disciplilne for these officers by accusing them of a deceptive act. What are these deceptive acts? We don’t know because they have not been reported by the news but that is why they are being fired-not the scenes on the video tapes.

    Also, for the accusations of deception act, the MOS must prove willfull, intentional and knowing deception by these officers. It doesn’t make sense, that officers would lie, an act that can get you terminated, to cover up an infraction that is far less serious. Again, we don’t know because the allegations of what they lied about is not reported in the news.

    Why don’t we know what is going on with the Police Department? I think it is time the Department of Justice review the Discipline System and determine whether there are abuses going on by the Manager of Safety and the Independent Monitor. Something isn’t right and it needs to be fixed.

  10. Bruce says:

    Fired! Are you kidding me?? They should be prosecuted!! If I were treated like that by a police officer in public, I would sue the officer, the department, and so on…Kudos to Charles Garcia for taking a firm stance on this issue.

    1. Marlie says:

      What an awesome way to explain this—now I know eervythnig!

  11. Really? says:

    Fired for that? You are kidding me! Great job Denver enjoy paying those cops millions for nothing! Apparently the Manager has been living in a bunker for years and thinks the world is full of bunnies and butterflies and everyone listens to the cops. Oh, they’re all drunk, bet their daddy knows somebody. Look at the video why would you lie about that? What a joke. Maybe Brian Maas should look at the Manger and find out why he’s cleaning house before the election. Corruption rules and the line guys take it in the shorts. Good luck with the lawsuit Denver, my tax money going to great use again. Pathetic.

    1. Lanette says:

      What an awsoeme way to explain this—now I know everything!

  12. Sherry Buckner says:

    I use to be sympathetic towards the police but more and more… I see the men, I once so admired, becoming bullying and taking out aggression ragefully.
    Once gain I have to ask…are the police being incentivesed for maintaining such a swaggering presence? Why this increase outrageous behavior?

  13. Kelly says:

    There is a lot more to these firings over the last month than is being reported. 2009 really? I am waiting for “the rest of the story”

    1. Anindito says:

      To the fed above, you dont have ANY more jurisdiction than a local altualcy. Where are you a fed that you have more jurisdiction? I only ask because I would also like to clarify a few things. The first is to the person who talked about FBI agents from the Miami office being aware and scolding their agents. This is VERY off base. The agents who work in Orlando work out of their own field office located here in Orlando. They dont answer to the Miami office. They answer to the SAC out of the Tampa office. From there, they answer to Washington, not anyone in Miami. I also know that no credentialed agent with any Federal Agency will ever be criticised for carrying as people have said before, we are never off duty. We are, by department policy, told to carry on us at all times our agency issued sidearm and federal credentials. Although this is the case, if you are at a Theme Park for anything other than an official capacity, you better be on vacation. If you dont work out of the Orlando office of your federal agency, you dont have any jurisdiction and you might need to double check your departmental policies and also those of Orange County and the state of FL. The second clarification is this. We have all been talking about carrying concealed to the parks. If you are doing it correctly, why would a security officer ever notice? If you are being noticed, you are not concealing effectively and you need more training. We have been trained to be unobtrustive and go unnoticed, so that the bad guys dont see us coming. Keep in mind with that, that Disney hires many retired LEO’s, especially retired federal agents. They pay them a better salary than most, to do the same thing they did before. Remain unseen to be effective. Also, one more thing to keep in mind. You didnt get caught coming in or maybe you did. You were also fingerprinted coming into the park. Disney’s real policy which is never going to be written down, is just like Kramer said. They are not going to bother you or pat you down because youve given them NO REASON to. As long as you can maintain a professional and courteous demeanor and you are not stupid enough to drop your weapon, they are not going to ask and you are not going to tell.Disney security is in effect just like any police force. They operate a set of patrol units, k-9 s, detectives and investigators, etc. They show you what they want you to see, a bright purple and yellow uniform. It takes your eyes away from the real security. If you really want to test it, do something stupid and see what happens. Please remember to be smart and remember that Disney is first and foremost a FAMILY park. This is why Disney has these policies in place. We are tasked with protecting those who cannot protect themselves. Sometimes, we are allowed to let someone else do the protecting. This doesnt mean dont carry, it means let them do their job and you do yours.Sorry for the long post. I just needed to get those clarifications out as I am never a fan of seeing people speak unprofessionaly or incorrectly about things that they may have no real clue about.

  14. Rod Sandhofner-Shaleen says:

    you have the right to remain fired any lies they tell will be used against them by other crooked cops

  15. rod says:

    they have the right to remain fired any lies you tell will be used against you by other crooked cops

  16. zedlav says:

    City Council and the media should investigate the bars who overserve all these so called “respectful” citizens who come into Denver every weekend and get so out of control, they feel they can walk up and down the streets punchiing anyone out in their paths. I hope you are never on the receiving end of one of these drunken idiots and if you are, I hope then you”ll understand why in some cases force is needed to protect even you!

  17. Travis says:

    I hope these two officers win their appeals. I’m discusted with people who think that officers have to be soft with drunken college punks who think they can get away with everything. Police have every right to arrest people using the proper amount of force. If people arent getting back while they make an arrest you bet your tail your gonna get pepper sprayed, their lucky they didnt taze them!

  18. Silver Badger says:

    The rules should be the same for all. Unfortunately, there are way too many in our society who believe they are exceptions to the rules; .This misconception needs to change across the board.

    Having said that, please remember, respect is something you have to give in order to get. Usually, police treated with respect respond with respect.

    1. PC says:

      Not true…I have been involved in several incidents in which I was very respectful to the police and have been told to shut up, asked if I understand english, and threatened with arrest. Being respectful to a police officer does not at all guarantee you will be treated with the same respect.

  19. MIK says:

    Denver Police Protective Association is like having the fox guard the hen house. Anyone with a cell phone or cameras or video survellance keeps proving it so….Mr Rodgers!!

  20. Carson says:

    I LOVE Charles Garcia. He has done more in two weeks then the whole stupid city has done in years.

    THANK GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!

  21. Chris F. says:

    Fired for falsifying the report and disciplined for inappropriate force. Things still seem askew. There are plenty of great cops but four firings in this short time from 2009 with the union seeing absolutely nothing wrong is beyond the pale.

    Get a free scanner app for your smartphone and listen to how polite these officers are to the dispatchers. It would be nice if they were as respectful to the public.

    1. Carson says:

      But you know that many, many DPD cops should be fired, right? The union is staffed by sociopaths, so thank god for Garcia not caring what they think.

      1. Mike says:

        I think your right many more officers should be fired. Im not saying all DPD officers dont follow their own regulations, but more than half definately think that the law dont apply to them. I have personally wittness police brutality from the DPD, not to me but to other people that weren’t doing anything wrong. As far as their supervisors, they should also be evaluated becauase they have the same mentality as them. Im so glad about the outcome two police officers fired, however not glad that they didnt get fired for police brutality.

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