2 More Denver Police Officers Fired For Lying

Incident In Front Of Denver Diner Caught On HALO Camera

7NEWS has learned that two Denver police officers have been fired after they were accused of lying about their actions during arrests caught on a security camera.

Kevin Devine and Ricky Nixon were terminated Monday and were also disciplined for using inappropriate force, according to Kathy Maloney with the Manager of Safety's Office.

The officers lost their jobs because of how they handled the arrest of some women accused of fighting outside the Denver Diner on July 12, 2009.

The chaotic scene outside the diner was caught by one of the city's surveillance cameras, known as HALO cameras.

Second Pair Of Denver Officers Fired Recently

Nixon and Devine were terminated just more than two weeks after two other officers were fired in connection with another arrest in downtown Denver that was also captured on a surveillance camera.

Nixon was working off duty in his police uniform as security for the diner that night, according to a police report. Devine was on duty and arrived to assist Nixon with the disturbance involving several women who were dressed in skirts and high heels.

The video, obtained by 7NEWS, showed an officer pulling a woman by her arm from the diner entrance onto the sidewalk.

As another woman in a long, flowing dress tried to intervene, the video showed the officer use his police baton to shove her to the ground with such force her feet flew up in the air.

That woman, Kelly Boren, 27, of Lone Tree, told 7NEWS reporter Dayle Cedars she and some friends had just arrived at the diner in a pedicab and were not involved in whatever disturbance that drew police.

Woman: 'Officers Mistreated Us Completely'

Boren said they were in “the wrong place at the wrong time. The officers mistreated us completely." She said a female friend was hospitalized by injuries she received that night.

She identified Devine, who was chomping on a cigar in the video, as the officer who shoved her to the ground.

“I think it is great” that the officers were fired, said Boren, who is consulting an attorney about possible legal action.

Boren was jailed for disobeying a lawful police order, according to a police summons issued by Nixon. Nixon wrote in the summons that Boren kept getting in Devine's way and the officer gave her several orders to leave.

After the fight ended, Nixon wrote that Boren came up and yelled at him. Nixon wrote that he warned Boren: "You need to leave. I am giving you a lawful order to leave. If you don't, you will be jailed."

Nixon wrote that Boren replied: "Well, then jail me." So, he arrested her.

Boren, however, said the officer "never said, 'Move out of the way.'"

Nixon: 5 Foot 1 Woman Threatened Officer 'Safety'

The video also showed Devine pushing the baton with both hands at a petite woman in an orange miniskirt.

The woman holds up her hands as if to gesture for him to stop. Devine grabs her arm and pulls the woman to her knees.

The video showed Nixon step up and pepper spray the kneeling woman in the face as Devine holds her left arm behind her. Then Nixon aims the pepper spray at someone in the diner doorway.

A police report identified the woman in the miniskirt as 27-year-old Ana Perez, who the report described as 5 foot 1 inch tall and 113 pounds.

She was cited for failure to obey a lawful order.

In Perez's summons, an officer wrote that the woman "grabbed (Devine's) police baton and attempted to disarm him. Fearing for the safety of Officer Devine, Officer Nixon used his pepper spray on the (suspect) to gain control of the (suspect) and situation."

Perez told 7NEWS she feels safer knowing the officers aren't on the streets.

Woman Lauds 'Weeding Out The Bad' Cops

“I am very glad that they aren't driving around assaulting people," she said, referring to the officers being fired.

Perez said she was originally charged with assaulting a police officer, but plead down to disturbing the peace.

"I've been prevented from getting housing, getting jobs," she said. "Now I can get this taken off my record."

Not Officer's First Brutality Complaint

This isn't the first time Nixon has been accused of police brutality.

Six months before the diner incident, Nixon and two other officers were accused of beating an African American college student until he was unconscious following a traffic stop, according to a federal lawsuit filed this January.

The lawsuit accused Nixon and the other officers of stopping 19-year-old Alexander Landau after midnight on Jan. 15, 2009, for making an illegal turn, then calling him the N-word and beating his face and head with their fists, a radio and a flashlight until he was unconscious.

The lawsuit contains photographs of Landau just after the incident with a blood-covered face and a swollen eye, wearing a neck brace.

Landau's attorney, John R. Holland, said Tuesday he is "not surprised" to hear Nixon was involved in another excessive force case.

Nixon and Devine could not be reached for comment Tuesday. They have a right to appeal their termination.

A photograph taken of 19-year-old Alexander Landau soon after he said three Denver officers beat him unconscious during a traffic stop.

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