Denver Manager of Safety Charles Garcia cleared five deputies who were involved in a struggle that led to the death of Marvin Booker, and Booker's family is now calling for a federal investigation.
The deputies, who wrestled an agitated Booker to the ground and put him in a chokehold while he was being booked into the Denver jail, used proper tactics to subdue him, Garcia ruled Monday.
"After a thorough review of the investigation and after considering the recommendations of the city's independent monitor, this office concludes that the deputies did not violate the department's use-of-force policy or any other department rules related to use of force," Garcia said.
Frame grabs show the video taken of Marvin Booker.
Frame grabs show the video taken of Marvin Booker. (Special to The Denver Post)
Garcia's decision follows a previous ruling by District Attorney Mitch Morrissey that the deputies broke no laws in the handling of Booker.
Booker's family, which has filed a federal lawsuit against the city, will call this morning for the U.S. Department of Justice to investigate the death, according to a release from their attorneys.
"How is it that officials of this city — Denver Director of Corrections Gary Wilson, Independent Monitor Richard Rosenthal and Manager of Safety Charlie Garcia — could even articulate these officers have not done anything wrong and did not use excessive force?" Booker's brother, Spencer Booker, said after watching the video of his brother's final moments for the first time Monday in the mayor's office. "After a thorough investigation, they found officers did nothing wrong against my brother? It's mind-boggling."
Jeff Dorschner, spokesman for the U.S. attorney's office, said the family's request would be reviewed if received by the Justice Department's Civil Rights Division in Washington and the FBI.
Video of struggle released
Though Garcia found that the deputies did not violate policy in handling Booker, the Sheriff Department has decided to ban the use of the carotid restraint, or choke hold, that may have contributed to Booker's death in the early-morning hours of July 9 last year.
"The Denver Sheriff Department will organize a use-of-force task force that will include department and community stakeholders as well as the office of the independent monitor to fully review the DSD use-of-force policies," Wilson said.
A new policy also calls for removing officers from their line assignment when an in-custody death results after force is applied. Deputies involved in Booker's death initially remained on the job in the days following it.
Video of Booker's last moments alive was released Monday after months of calls to make it public. It shows an agitated Booker pulling away from Deputy Faun Gomez as she tries to lead him to a holding cell after he refused to take a seat for booking on a charge of failing to appear in court on a drug paraphernalia charge.
It escalates from there, as Deputies James Grimes, Ken Robinette and Kyle Sharp joined Gomez in wrestling Booker to the ground. Sgt. Carrie Rodriguez also runs over to observe and supervise the incident, the report said.
A report by Garcia said deputies were surprised by the strength of Booker, 56 years old and about 135 pounds. They were also surprised he didn't stop resisting even after he was handcuffed and in a choke hold that was released at regular intervals to make sure he was still breathing.
It's only after he is shocked for eight seconds with a Taser that Booker stops resisting. Deputies said they believed he was still conscious but was finally letting them carry him to the cell, where he was placed face down. Some inmates interviewed during the investigation said they thought Booker had gone limp, and they believed he was dead by the time he was carried to the cell.
Death "was not intended"
The coroner — who determined Booker died of "cardiorespiratory arrest during physical restraint" but added that he had cocaine in his bloodstream at nontoxic levels — was unable to determine precisely when he died. But Booker never recovered after he was placed in the cell, and jail nurses' efforts to revive him did not succeed.
Garcia's report places the blame on Booker, much as Morrissey did in finding the deputies broke no laws. Booker was waiting to be booked in an area called the Cooperative Seating Area, where people being booked or waiting to make bail are allowed to remain as long as they follow instructions.
When Booker, who was trying to retrieve his shoes, became belligerent with Gomez, deputies had no choice but to intervene and use the techniques they had been taught until Booker stopped resisting — for the protection of other inmates and themselves, Garcia said in the report.
"No doubt the death of Mr. Booker is tragic," Garcia wrote. "It was not intended by anyone."
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