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Police brutality: Attorney blasts city for missing Denver Diner appeal date for reinstated cops

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Last month, Denver's Civil Service Commission reinstated officers Ricky Nixon and Kevin Devine, who'd been fired for their actions in an alleged brutality incident at the Denver Diner in 2009.

A lawsuit over the matter is still alive, but the victims' attorney is angry about the latest development: The city, which had promised to appeal the cops' reinstatement, has reportedly missed a deadline to do so.

According to 9News, the city had until January 30 to file its appeal. But it didn't happen.

To Siddhartha Rathod, who's representing victims Kelly Boren, Sharelle Thomas, Ana Ortega and Kristal Carrillo in conjunction with fellow lawyer Qusair Mohamedbhai, this situation is unacceptable.

"Either Denver is incompetent or it wants officers Nixon and Devine back on the street," Rathod says. "Denver has once again shown that it can't protect its citizens."

Here's how Rathod summarized the incident for us in the September post linked above.

"On July 12, 2009, Officer Nixon was working in an off-duty capacity at the Denver Diner -- and he was in uniform," he said. Earlier that evening, "Kristal had been a victim of an assault in the restroom. She was attacked by an unknown party and was defending herself when Officer Nixon grabbed her, dragged her outside, arrested her and handcuffed her. In the video, Ana comes outside -- she'd been in the bathroom with Kristal, and she can be seen telling Officer Nixon, 'She didn't do anything wrong.' But he's basically not listening to her, so she walks a little bit away.

"At that time, Sharelle and Kelly arrive. Sharelle had just graduated from Colorado Christian Academy, and they arrived via pedicab. They're walking straight to the door when Officer Devine, who's smoking a big cigar, can be seen coming in from the right side of the video and pushes Sharelle. She stumbles forward, and when she stands back up, she says something to the effect of 'You can't treat me that way,' which any citizen should be able to say to an officer or anyone else in that situation."

At that point, Rathod continued, "Officer Devine pulls out his nightstick and starts waving it in Sharelle's face. He then grabs her by the arm and starts pulling her toward where Kristal is on the ground in handcuffs. He's about to strike Sharelle with his nightstick, but stops inches away. Kelly then steps in between Sharelle and Officer Devine, to stop him from striking her in the face -- and Officer Devine grabs Kelly by the neck and throws her. And he's a big guy, She goes completely off the ground. And then he grabs Sharelle and yanks her onto the ground, and Officer Nixon pins her down.

"Ana sees all this, and she's saying, 'What are you doing?' when Officer Devine, still smoking the cigar, grabs her and throws her down to her knees. Then he takes her arm behind her back and puts his nightstick into her shoulder -- and right as he's about to assault her, Officer Nixon pulls out his mace and sprays it maybe two inches from her face before taking a couple steps to the left and macing Sharelle and Kelly."

Ortega was subsequently handcuffed, as was Thomas -- and Rathod pointed out that assorted officers on the scene offered no help to the maced women even as they treated their own eyes with saline solution. Amid this scene, "Anna, who had been on her knees, stands up and asks for help, and Officer Nixon grabs her by the throat with both of his hands and slams her to the ground. Kristal then tried to help her, and Officer Nixon slams his fist full-force into her face."

None of the women had done anything wrong, Rathod noted, and Carrillo was actually a victim of an attack before the officers took charge. Nonetheless, only Thomas was released, while the other three were charged with assorted infractions because "Officer Nixon and Officer Devine falsified police reports and fabricated charges," he maintained.

The HALO video of the incident was never produced during the criminal cases against Carrillo, Ortega and Boren. They didn't know of its existence until officers Nixon and Devine were fired earlier this year. After their sacking, Westword confirmed that Nixon had also been involved in the beating of Alexander Landau. The incident, which took place before the occurrences at the Denver Diner, led to a settlement with Landau for $795,000.

Lacking this information, Carrillo, Ortega and Boren pleaded to a deferred judgment -- one that would eventually wipe the incident from their records. But Rathod argued that they would never have done so had the City of Denver provided the video and other exculpatory evidence, which would have given them the tools to prove they'd done nothing wrong and the officers had lied.

The incident will be back in the spotlight when the case reaches a local courtroom; right now, it's still in the discovery phase, with a number of interviews slated to take place over the next few weeks. And given that a city appeal now looks unlikely if not impossible, Rathod sees the effort as the only path toward justice.

"Without people like our clients standing up against Denver, and standing up against these officers, they won't be punished," he maintains, adding, "This is another example of how Denver tolerates excessive force and dishonesty in its officers. And Denver won't change its ways."

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More from our Follow That Story archive: "Michael DeHerrera, victim of police beating, can't get a job because arrest still on record."

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