Inclusion Daily Express -- Officer Turney Claims He Was "In Imminent Fear" From Teen (Oct. 20, 2004)

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Officer Turney Claims He Was "In Imminent Fear" From Teen
By Dave Reynolds, Inclusion Daily Express
October 20, 2004

DENVER, COLORADO--The Denver Police officer who shot and killed 15-year-old Paul Childs III was "in imminent fear" at the time, his attorney said Tuesday.

Doug Jewell, the primary attorney for Officer James Turney, told a civil service hearing that his client was a victim of "time and distance" when he arrived at the Childs home on July 5, 2003.

The Childs family had called 911 in the hopes that police could help calm Paul, who had mental retardation and epilepsy, after a series of outbursts. Turney arrived at the home and drew his firearm even though two other officers, who were on the scene before him, had non-lethal Tasers. Turney shot Childs four times in a doorway when the teen failed to follow instructions to drop an 8 1/2 inch kitchen knife he was clutching to his own chest.

"Officer Turney had to use the force he used," Jewell said. "Officer Turney was in imminent fear."

In April of this year, Manager of Safety Al LaCabe suspended Turney for 10 months without pay. When Turney returns to the force, he will not be allowed to patrol the street, but will instead be offered a desk job.

LaCabe said Turney violated the department's use-of-force policy when he confronted Childs. "By immediately forcing a confrontation with Mr. Childs, Officer Turney exposed himself and others to an immediate risk of harm, placing Mr. Childs only six to seven feet away from Officer Turney, and creating a likely deadly force situation," LaCabe wrote in his report.

Turney's appeal is being considered this week and next in the hearing that is scheduled to span nine days.

Child's death was the second fatal shooting by Turney since he joined the department in 1998. On January 30, 2002, he shot and killed 18-year-old Gregory Smith Jr., in the home of Smith's mother. Turney shot the partially-deaf Smith after the teen failed to follow orders to drop a pocket knife.

Turney was cleared of criminal wrongdoing in both cases.

Assistant City Attorney Jack Wesoky argued that Turney's behavior the day before Childs' shooting shows a pattern of poor decision-making.

Rozelle Orme, Turney's former mother-in-law, testified that the officer telephoned her on July 4, telling her "I will put a bullet in the middle of your head."

"He was very slow and precise," Orme said Tuesday.

Childs' death was met with outrage by his family and community leaders. Mayor John Hickenlooper responded by appointing an independent panel which looked into the Denver Police Department's use-of-force policy, the oversight of situations where lethal force is used, and how officers interact with suspects and others that have disabilities.

On November 2, Denver voters will address Referred Question 1A, which is supported by the mayor. The measure would change the city charter so that investigators of police officers would not be subjected to civil service hiring rules, but would instead serve at the mayor's will. It would also give investigators access to certain documents and statements which they do not currently have access to.

In July of this year, the city paid Childs' mother and sister $1.325 million to settle a lawsuit Mrs. Childs had planned to file against the city.

Related:
"Question 1A: Police oversight board" (Denver Post)
The Death of Paul Childs III (Inclusion Daily Express Archives)

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