Denver Diner: Attorney, witness of brutality incident decry accused cops' back-to-work order

By Michael Roberts Mon., Oct. 15 2012 at 10:05 AM

Ms. Ortega (far left) is wearing a salmon/pink colored skirt with a white blouse; Officer Nixon (third from left) is a uniformed Denver Police Officer and Caucasian male with a shaved head who is wearing black gloves; Ms. Pena (far right) is wearing a red dress and has brown hair; Ms. Carrillo (on ground) is wearing jeans and a black t-shirt with a light red pattern in the front, currently handcuffed and seated with her head pressed forward; and an unknown Caucasian male (second from left) wearing a gray shirt and black pants is an employee from the Denver Diner.

Ms. Vidal (top right) is wearing a white top and a black skirt; Ms. Ortega (bottom right); Officer Nixon (second from left); Ms. Pena (middle); Ms. Carrillo (on ground); unknown Denver Diner male (far left); and Ms. Boren and Ms. Thomas (far right) are currently not visible as they are behind the bicycle and tree.

Officer Devine (top middle) is a uniformed Denver Police Officer with brown hair, holding a baton in his right hand; Ms. Boren and Ms. Thomas (far right) are currently obstructed as they are behind the bicycle and tree, although Ms. Thomas' arm can be seen coming into the picture from behind the tree; Ms. Ortega (bottom middle); Officer Nixon (top left); Ms. Pena (bottom right); unknown Denver Diner male (far left); Ms. Carrillo (on ground); and Ms. Vidal (top right).

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Ms. Boren (far right) is a Caucasian female, standing next to the bicycle taxi, with blond hair wearing a red dress and white blouse. Ms. Thomas (far right) is African-American, standing to the right of Ms. Boren. Both women are facing Officer Devine (middle), who is grabbing and pulling on Ms. Thomas' right arm. In Image 4, Officer Devine can be seen smoking a large cigar.

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Ms. Boren is pushed by Officer Devine and thrown backwards onto the ground. Fransisco Macias and Jay Spencer (top right) and other males are seen as well.

Ms. Thomas is on the ground at the feet of Officer Nixon after being thrown down by Officer Devine. Ms. Thomas is unable to get up at this point.

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Officer Devine took his cigar out of his mouth and threw it to the ground. He then lunged towards Ms. Ortega and with his baton and shoved her backwards. Officer Devine then grabbed Ms. Ortega's left arm, partially spun her, and pulled her towards him. Ms. Ortega fell to her knees, and Officer Devine placed Ms. Ortega's left arm behind her back, and in a wrist lock. While holding Ms. Ortega's arm behind her back, Officer Devine forcibly placed his baton in between Ms. Ortega's neck and shoulder blade. Ms. Ortega was subdued, and at no time was she resisting arrest or combating Officer Devine. Ms. Ortega suffered bruising to her chest due to Officer Devine's violence against her.

Officer Nixon approached Ms. Ortega while she was on her knees, restrained by Officer Devine. At point blank range, Officer Nixon pepper sprayed Ms. Ortega in the face and eyes. Ms. Ortega was immediately overcome with extreme and severe pain. Ms. Ortega screamed out, asking why she had been pepper sprayed.

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Officer Nixon is pepper spraying Ms. Thomas (Image 16), and then approaching closer and pepper spraying Ms. Boren (Image 17).

Ms. Pena (middle) wearing the red dress is pleading with Officer Devine to not hurt Ms. Ortega.

Kelly Boren vs. The City and County of Denver

Tags:

Alex Martinez, Denver Civil Service Commission, Denver Diner, Doug Friednash, Kevin Devine, Ricky Nixon, Siddhartha Rathod

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Rodger

I watched the tape. I wonder how the two cops felt being surrounded by a drunk mob? I really didn't see any excessive force.

Advice: when the cops are there, be on your good behaivior, and don't interfere. Don't act drunk and stupid and you won't have any problems.

carlraymiller

well they need to be carful cuss you know one day they will come across a inocent person do that and there reltive could be one of the wakos who decide to take out an entire department you know when they push people to fair it can happen I hope not becouse the good cops would get hurt but its always possable if there are so many currpt cops there doing that stuff

Bob_Smith

Hell, if they'd agree to can the CSC and all the Hearing Officers I might vote to give them their $68 million more a year.

michael.roberts moderator editortopcommenter

@Bob_Smith Thanks for the post, Bob. Much appreciated.

Jim Creekmore

Agreed, Matt

Matt Planteen

The problem is that the definition of 'excessive' has become a floating, entirely arbitrary one due to very poor judicial precedent. Furthermore, there remains little to no oversight of law enforcement with which to effectively combat this behavior. Here in Wyoming, a young man was shot and very nearly killed a few months ago. The officers were 'cleared' by DCI and allowed by their department to return to duty with no transparency, apparently before the full investigation had even been completed, and before any records of any kind were turned over to the county attorney's office (to my knowledge this STILL hasn't happened). All claims of excessive force should be investigated by a dedicated third-party oversight agency and automatically go to a civilian Grand Jury. Those found guilty should be punished at maximum sentencing levels.

RobertChase topcommenter

DPD has many criminals out on the street and administering the Department; Nixon and Devine are just two more.

Mel Dee

I couldn't agree with you more Josh.

Jim Creekmore

This happens everywhere. It's as if society is becoming numb to it.

Josh Bradley

Good question Mel. It would be great if such a question was posed directly to the powers that be and a real answer required before leaving them alone. One officer already cost the tax payers about $800,000...I am positive his position could be effectively filled with a new officer.

Mel Dee

What is considered "excessive use of force" to the Denver police department then if this isn't? It seems to me that they don't even know what excessive use of force means, that, or they just simply don't care. This is beyond ridiculous and I cannot believe there is even an ounce of consideration putting them back out on the streets. If they engaged in this type of "control" or "policing" before, they are going to do it over and over and over again. Especially when they have other "justice" professionals backing up their behavior and claiming it to be "by the book," Unbelievable.

Matt Planteen

So law enforcement investigated itself and found itself innocent? I'm shocked.

stevebeast

thats the denver police for you, they get up early to beat the crowds. if you go into the city limits you take your life in your own hands.There is nothing in the denver city limits that you cant get in the suburbs and its soooo not worth it,

ctewell1

@stevebeast how bout live music steve, I havent been to a show in highlands ranch in forever dammit!

stevebeast

@ctewell1

Red Rocks in Jefferson county is one of the best venues in the world.

Spliffy

Actually, the City of Denver owns Red Rocks (even though it's in Jefferson County) and staffs DPD as "security" at all the shows. Like the Jethro Tull show in the 70's where they tear gassed the whole crowd.

michael.roberts moderator editortopcommenter

@stevebeast Interesting post, Steve -- one we're going to make an upcoming Comment of the Day. Much appreciated.

IZen

1 Like

First item on the agenda for city council should be to gut the Civil Service Commission's authority. They have proven time and again that they are unable to rule impartially.

michael.roberts moderator editortopcommenter

@IZen A strong argument, IZen. Thanks.

Scarifying

1 Like

Denver cops reinstated with full back pay and benefits after beshitting their badge and lying with every breath that they could muster about an unwarranted beating administered to unarmed women? Must be Friday.