Family of Slain Man Must Wait a Little Longer for Justice

The deputies responsible for killing Marvin Booker, 56, in a Denver jail on July 9 last year were cleared of any wrong doing this week by Charles Garcia, the Denver Manager of Safety.

According to the Denver Post, Garcia commented, "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 the use of force."

The surveillance camera footage, shown to the family for the first time on Tuesday, nearly 10 months after the slaying, shows Booker pulling away from Deputy Faun Gomez at 3:35.11 a.m. to retrieve his shoes before going to booking. In the video a bigger and taller Gomez grabs the 135 pound homeless street preacher, 26 seconds later Booker is on the ground under Deputies James Grimes, Ken Robinette, and Kyle Sharp. "They squished him to death so much so his legs went straight up in the air because there was no life in him," said Bookers brother, Spencer Booker.

Four minutes after the deputies swarmed Booker they carried his limp body face down into a holding cell. During those four minutes Booker had the blood and oxygen repeatedly cutoff from his brain and heart in what the deputies called a ''carotid hold."

This type of choke not only makes it difficult to breathe, but restricts the critical flow of blood through the carotid artery to the brain. This is the same choke hold taught to Special Operations soldiers to silently kill sentries during clandestine missions.

The deputies seemed amazed that a man being choked to death would vigorously fight for his life. Garcia commented that the deputies were surprised with the strength of the older smaller man. According to the deputies and Garcia, the handcuffed breathless Booker laying under four deputies only "stopped resisting” after being tased for eight seconds. Booker went limp after the tasing and deputies carried his lifeless body to a cell. The deputies said they believed he was still conscious, but none checked to make sure.

Mari Newman, the Booker family attorney, said after watching the video, "just disgusting and should make all Denver citizens afraid,'' and that the city is, "protecting its own."

The assertion of Garcia that Booker deserved the violence and resulting death is as Newman suggests - just disgusting.

Booker was in custody at 3 a.m. for a misdemeanor failure to appear in court on drug paraphernalia charges. That four deputies couldn't come up with a solution to a problem that didn't include choking, tasing, and death is an insult to all reasonable people.

I don't doubt that procedures were followed, or that it is impossible for four deputies to brutally assault and kill a street person without breaking a law. Unfortunately we are a violent society and have become desensitized to police brutality and murder. Rules and laws governing law enforcement procedures and use-of-force policy mirror society’s views of preemptive violence as a solution to problems. Our police are equipped like an army and operate with the impunity of an occupying force, and tragically our courts, rather than act as a check to government abuse, continue to legitimatize state sponsored violence and push the boundary of what is acceptable police activity.

Thomas Jefferson warned, "Unless the mass retains sufficient control over those entrusted with the powers of their government, these will be perverted to their own oppression, and to the perpetuation of wealth and power in the individuals...selected for the trust."

Clearly Denver's masses have lost control of those entrusted with the city's power.

Other comments on the killing of Marvin Booker

Bill Johnson, Reporter for The Denver Post:

"Marvin Booker only wanted to retrieve his shoes. For that, Denver sheriff's deputies killed him. No matter how many times you watch the videotape of the man's killing at the Denver jail, you can't get past that sad and simple fact."

Denver District Attorney Mitch Morrissey:

"When an arrestee's conduct necessitates the use of force, it is not mutual combat. Arrestee's compliance is not optional, it is mandatory.''

Attorney Darold Killmer, Attorney for the Booker family:

"This is a whitewash."

Spencer Booker, brother of Marvin Booker

"After a thorough investigation, they found officers did nothing wrong against my brother? It's mind-boggling.''

In related news:

According to The Denver Post, Deputy Faun Gomez was also involved in the wrongful death of Emily Rae Rice, 24, who bled to death at the Denver jail in 2006. That wrongful death cost the city $3 million and the jail health care provider an additional $4 million.

On Friday family members and members of the Denver community call on the U.S. Department of Justice to investigate the systemic brutality of the Denver police and Sheriff's Department.

Thomas Perez, assistant attorney general for the Justice Department's civil-rights division said, “We are reviewing the information to make a judgment and see if one is warranted."

In the last decade Denver has paid $6 million in settlements due to excessive use of force claims. In 2003 Paul Childs, a l5-year-old disabled boy was shot to death by Denver police.

In 2004 Frank Loboto, 64, was shot and killed by Denver police while lying in bed, the police thought Lobato had a weapon.

In 2006 Emily Rae Rice, 24, plead for medical help while she bled to death in the Denver jail.

Alexander Landau, 19, suffered a concussion, broken nose, and fractured hand after getting assaulted by several Denver police officers.

Juan Vasquez, 16, suffered life long injuries in 2008 when a Denver police officer repeatedly stomped on the teen's chest.

Michael DeHerrera, 23, was assaulted by Denver police in 2009. The assault was caught on video resulting in the firing of the officers involved.