DENVER – Mayor Michael B. Hancock and the Denver City Attorney’s Office today released the following statements on the ruling from the City and County of Denver District Court in the Nixon and Devine R. 106 appeals case. Denver District Court Judge Starrs ruled in favor of the city in all respects, including the appeal of the reversal of the officers’ terminations for commission of deceptive acts.
“The court made a critical -- and correct -- decision. This ruling supports our hard work to make our police department more accountable to the people it serves. I am proud of our city attorneys and those in the manager of safety’s office who persisted in their pursuit of justice in this case,” Mayor Hancock said.
“The city can now hand down the proper termination of Officers Nixon and Devine for what occurred at the Denver Diner in 2009, bringing a long-overdue resolution to this case. It has been the city’s position that the video provided irrefutable proof not only of unnecessary uses of force by both officers, but also of their dishonesty in their reports and statements. Our team fought hard in this case to reinforce the fact that these actions will not be tolerated here in Denver,” City Attorney Doug Friednash said.
The Denver District Court found that a comparison of statements and reports from Officers Ricky Nixon and Kevin Devine with the objective video evidence clearly proves that they were deceptive in their reporting of the events. The Denver District Court further concluded that the Civil Service Commission erred in disregarding those deceptive acts because the scene was “chaotic,” which is not supported by the objective video evidence. Manager of Safety Alex Martinez signed termination orders for Officers Nixon and Devine today.