DENVER (CBS4)– A judge in Denver has upheld the firings of two Denver police officers who beat and pepper sprayed a group of women in 2009.

Officers Ricky Nixon and Kevin Devine were both fired after the incident outside the Denver Diner at Colfax and Speer in downtown Denver.

The police officers beat the women and sprayed them with mace in July 2009. The situation was captured on one of the city of Denver’s HALO cameras, which are in place across the downtown area as a way for police to fight crime.

In the video from the camera Denver Police Officer Nixon is seen macing a woman being arrested outside of the Denver Diner at Colfax Avenue and Speer Boulevard. He then sprays mace at a gathering crowd and throws a handcuffed suspect.

When Officer Devine arrives he is seen shoving a woman to the ground while pulling on another woman.

Both officers were later reinstated by the Civil Service Commission.

The judge said the commission made a mistake and that a comparison of statements and reports from the officers and the video proves they were deceptive in their reporting of the events.

The Denver District Court further concluded that the Civil Service Commission erred in disregarding those deceptive acts because the scene was “chaotic,” which is not supported by the objective video evidence.

Manager of Safety Alex Martinez signed termination orders for Officers Nixon and Devine on Friday.

Denver Mayor Michael Hancock released the following statement on the ruling, “The court made a critical — and correct — decision. This ruling supports our hard work to make our police department more accountable to the people it serves. I am proud of our city attorneys and those in the manager of safety’s office who persisted in their pursuit of justice in this case.”

“The city can now hand down the proper termination of Officers Nixon and Devine for what occurred at the Denver Diner in 2009, bringing a long-overdue resolution to this case. It has been the city’s position that the video provided irrefutable proof not only of unnecessary uses of force by both officers, but also of their dishonesty in their reports and statements. Our team fought hard in this case to reinforce the fact that these actions will not be tolerated here in Denver,” City Attorney Doug Friednash said.

The officers can appeal the decision.

Earlier this week the Denver City Council approved a $360,000 settlement for the women.


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