Denver Diner cops going back to streets because some city Shmuck missed filing deadline

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Kevin Divine and Ricky Nixon, the Denver police officers who were fired last April by then-Manager of Safety Charles Garcia because of their behavior during -- and after -- a controversial altercation at the Denver Diner in July 2009, have gotten their jobs back, at least for now. Blame our Shmuck of the Week, an unnamed member of the Denver City Attorney's office who was four days late with a filing.

On Monday, Denver's Civil Service Commission issued an order that Nixon and Divine should be temporarily reinstated because the city had missed a deadline.

After a commission hearing panel overturned Garcia's firing of Divine and Nixon in January, the city appealed the panel's decision, and asked the commission to stay the pair's reinstatement until commissioners could rule on the city's appeal -- but the city attorney's office missed the filing deadline by four days.

That was the reason the commission gave on Monday when it ordered that the two cops be returned to the force pending a hearing on the city's appeal.

Not surprisingly, the order outraged those who've followed the case, including the Colorado Progressive Coalition's Miriam Pena, who was present at the restaurant that evening and is friends with one of the women now suing the officers. That suit was filed on time.

On Tuesday, Manager of Safety Alex Martinez announced that he was adding a new deputy manager, retired judge Jess Vigil, in charge of police discipline. Although Martinez said the move was not connected with the Civil Service Commission order issued the day before, let's hope a calendar comes with Vigil's new job.

More from our Shmuck of the Week archive: "Tim Neville wins Shmuck title for comparing Obama administration to Nazis."

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Guest
Guest

Learn how to spell schmuck already..

TRAV556
TRAV556

Good they shouldn't have been fired in the first place. There was absolutely no brutality in the video just a bunch of drunk people acting crazy, surrounding, continually approaching two police officers and not following directions.

GetReal
GetReal

 So, the big bald headed cop who took a couple of steps back to get out his pepper spray, then taking two steps froward to pepper spray the crowed was working in self defense?  Looked more like aggression to me, rather then him defending himself.

Guest
Guest

Let's not forget Alexander Landau brutally and repeatedly assaulting multiple police radios, batons, saps, and pistol butts with his face for that death penalty level infraction of illegal left turn and misdemeanor marijuana posession! He must've been intent on harming those radios, batons, saps, and pistolas, too, because he just kept beating his face against them again and again, leaving him a bloody mess and several cops, I'm sure, in need of counseling for their incredibly dangerous encounter, not to mention WEEKS off with pay. I feel SOOOOO much safer knowing these valiant knights of justice are out there pounding the pavement, (not to mention unarmed women and left turning minorities!), in an effort to keep me safe! Thank you officer, oh THANK YOU!

Bob Smith
Bob Smith

At some point the Schmuck for all this DPD shit has to be Hancock. He's our highest elected city official, most if not all of these people work for him. 

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