Anthony Camera
Alex Landau has become a city symbol for social justice.
Alex Landau grins and waves at the thirty people seated in a circle around him at the Hiawatha Davis Community Center in Park Hill. He lives in this neighborhood and knew many of them even before his bloody face made the news. "My name is Alex Landau, and I'm going to teach you some tips and phrases to use with law enforcement, if you're ever in a situation where you need them," he says. "Let's hope you're not. A couple years ago, I could have used some of these."
Alex Landau was beaten by Denver cops in 2009.
Brandon Marshall
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The now-23-year-old college student has been telling his story for three and a half years in various forums — to friends, strangers, city officials, and now as an instructor at a know-your-rights training with the Colorado Progressive Coalition. "A few years ago, I was racially profiled by the Denver Police Department," he begins. "I had a gun put to my head. I was laughed at and called a nigger. They beat me until I bled."
On the night of January 15, 2009, Landau, then a nineteen-year-old about to start his third semester at Community College of Denver, and a friend, Addison Hunold, were headed to Wendy's in Landau's car when an officer pulled them over near the corner of 16th Avenue and Emerson Street. He told Landau that he'd made an illegal left turn, requested his identification, then asked to search his vehicle. Landau approved, and Hunold voluntarily handed over a pill container full of weed. But there was more in the trunk, and the two grew nervous. When officer Ricky Nixon approached the back of the car, Landau asked if he had a warrant to search the trunk — and the situation suddenly changed. Nixon punched Landau in the face, Landau remembers, and then officers Randy Murr and Tiffany Middleton joined in a brawl that sent all four tumbling to the ground. They hit Landau with their fists, a police radio and a metal flashlight, he says. At one point, he felt a gun against the side of his face. Before he was taken to the hospital — where he was given 45 stitches — he demanded that paramedics take photographs of the damage.
Those photographs helped convince the city to pay Landau a record settlement two years ago.
"But what happened after that?" someone in the audience asks. "How does your story end?"
"It hasn't," Landau answers.
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Hours after Landau was released from Denver Health in January 2009, the Denver district attorney charged him with attempting to disarm a police officer: Nixon was claiming that Landau had reached for Middleton's gun. Landau denied it, and kept denying it when he was offered a plea deal that would downgrade the Class 6 felony charge to a misdemeanor and lower the time Landau might face in prison, originally up to eighteen months. Landau refused the deal, and seven months later, the DA dropped the charge against him. By then, the DPD's Internal Affairs Bureau had already decided that Nixon, Murr and Middleton had acted in accordance with DPD policy and shut the book on the incident.
But Landau's case lived on in the legal system. In January 2011, attorney John Holland filed suit on Landau's behalf against Nixon, Murr, Middleton, then-Chief of Police Gerald Whitman and the City and County of Denver, alleging that his client's civil rights had been violated when he was racially profiled. In a letter notifying city officials of the pending suit, Holland had included the photos that Landau had insisted be taken that night. In them, Landau's face is swollen and bloody. His nasal passage is reinforced with a breathing tube and his neck is supported by a brace. He cannot open his right eye. And the attorney also informed the city of the words Landau remembers hearing as he was beaten: "Where's that warrant now, you fucking nigger?" (See "Black and Blue," January 20, 2011.)
Just four months after the suit was filed, in May 2011, the city awarded Landau $795,000 in an out-of-court settlement that also called for the DPD to conduct a formal investigation into the officers' behavior that night.
Changes within the DPD's disciplinary system slowed the progress of that investigation, however. Manager of Safety Al LaCabe had already devoted years to updating the DPD's disciplinary matrix, establishing a stricter, more cohesive plan for dealing with accusations of officer misconduct. Under this update, for example, officers who lie during an investigation can be fired for the offense. Soon after announcing the new standards — in January 2009, the same month that Landau was pulled over — LaCabe said that he would be leaving his job of six years. That June, Mayor John Hickenlooper replaced LaCabe with former Secret Service official Ron Perea, who lasted two months before he, too, vacated the position.
When Hickenlooper left the mayor's office to run for governor in 2010, Bill Vidal, who replaced him, said he was determined to clean up the DPD's many outstanding cases involving alleged police misconduct, and ultimately appointed former chief public defender Charles Garcia to the manager of safety post. (Garcia was the fourth to hold that slot in less than a year.) And clean up he did, terminating seven officers in four months. Many of those officers subsequently appealed their firing to Denver's Civil Service Commission.