By Brian Maass
DENVER (CBS4) – A Denver police officer fired this month for lying plans to appeal his termination, even though the Manager of Safety’s Office has stated he “is not fit to be a police officer.”
According to a departmental order of disciplinary action dated June 15, Officer Brian Beary was fired for Commission of a Deceptive Act. Beary’s attorney told CBS4 he is filing an appeal.
The Manager of Safety’s office contends Beary made false statements during an internal affairs investigation into an incident involving a juvenile female.
In an unusual move, the city says the complaint against Officer Beary was filed by Arapahoe County Sheriff’s Deputies and civilians working in a juvenile center in Arapahoe County. The incident in question occurred in September 2015.
According to the 18-page disciplinary letter authored by Deputy Director of Safety Jess Vigil, after arriving at the juvenile center with the teenage girl, “Accounts that witnesses provided are consistent and do not provide a flattering portrayal of Officer Beary’s unprofessional and inappropriate interaction with [the teenager girl].”
RELATED: Read the full Disciplinary Order
The report says a mental health professional at the center claims Beary was arguing with the girl about removing piercings. The witness reported Beary said “we need to hold her down and rip them out of her face.” The witness went on to say Beary called the teen a “brat” and said he would “never want a child like her.”
Another witness reported Officer Beary, “kept saying ‘we can rip them out of your face.'”
Beary acknowledged engaging in the verbal exchanges witnesses recounted but denied making some of the most inflammatory statements, even though three witnesses — including a sheriffs deputy — all said he had.
The disciplinary letter said that Beary, who has been with the Denver Police Department since 2013, had three chances to tell the truth about what happened. Each time, though, his account differed significantly from what other deputies and witnesses said.
“Officer Beary continues to insist he has been ‘one hundred percent truthful’ and everyone else is ‘absolutely wrong’ according to the letter,” said the Deputy Manager of Safety, who wrote the disciplinary letter after Beary omitted key facts and details.
Beary has no significant disciplinary history but according to authorities, “the deceptive behavior here raises serious questions about Officer Beary’s trustworthiness and integrity.”
Beary’s lawyer, Don Sisson, told CBS4, “This is yet another example of Jess Vigil placing an officer’s statement under a microscope. At the end of the day the force was justified and Officer Beary passed a polygraph which has been rejected by the department.”
Sisson went on to say, “We believe that’s the height of hypocrisy because the police department routinely uses polygraphs, specifically in the hiring and internal affairs processes.”
Sisson said the appeal of Beary’s termination was filed this week.