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Judge: Too Late To File Charges Against Deputy

DENVER (CBS4)- A judge ruled on Friday that it was too late to charge a deputy who slammed a handcuffed inmate into a courtroom wall in 2012.

District Court Chief Judge Michael Martinez said the deputy could have been charged with a misdemeanor but the statute of limitations ran out after 18 months.

The incident occurred on Sept. 11, 2012 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.

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