Irony alert: No charges were filed against Denver Sheriff's deputies in the jailhouse death of Marvin Booker last year -- but deputy Anne Kelly faces two counts for slapping a DUI suspect who suffered no apparent injury in the exchange.
Granted, the allegations of third-degree assault and harassment against Kelly are both misdemeanors -- meaning that while jail time is possible, it's also unlikely.
According to the Denver District Attorney's Office, Kelly was processing an intoxicated woman just past 5 a.m. on March 25 -- and when she failed to cooperate, Kelly slapped her. An investigation followed, as outlined in a statement from sheriff's department director Gary Wilson.
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It is the policy of the Denver Sheriff Department to refer all excessive force allegations for a criminal investigation to the Denver Police and or Denver District Attorney. As a result Deputy Kelly was charged with 3rd Degree Assault and the matter will continue to be handled as a criminal prosecution by the Denver District Attorney. Denver Deputy Sheriff Anne Kelly is on Investigatory Leave pending the outcome of the criminal and internal investigations.
Immediately after reviewing the allegations of this incident, Deputy Kelly was removed from her normal duty assignment position and was placed in an administrative duty assignment with no inmate contact. She remained in this capacity until she was placed on investigatory leave.
In matters like this, where there is an ongoing criminal investigation, the administrative investigation into policy violations is suspended until the criminal matter is resolved. Once there is a conclusion of the criminal investigation and process, the Denver Sheriff Department will conduct an internal investigation into any policy violations that may have occurred in this incident. The results of that investigation will be the basis for any disciplinary decisions.
Neither Wilson nor the DA's office refers to the Booker case regarding this matter. But given the continuing controversy over the inmate's death, it's likely that all parties involved want to show they're taking allegations of improper actions on the part of jail employees very seriously, whether they're major or minor.
Kelly will make her first court appearance on June 24.
More from our Colorado Crimes archive: "Marvin Booker death: Family calls on feds to investigate, after Denver clears deputies."