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Officer Won't Face Charges In Fatal Teen Shooting

Denver Police Officer James Turney Shoots Childs Four Times

POSTED: 8:30 am MDT October 16, 2003
UPDATED: 6:19 pm MDT October 16, 2003

The Denver district attorney announced Thursday that he will not pursue charges in the shooting death of a 15-year-old mentally disabled boy.

Video

Paul Childs was shot four times by police Officer James Turney during a confrontation on July 5. Childs' family called 911 and said the teen was threatening his mother with a knife. Police said when they arrived, Childs was standing in the doorway of his home, refusing to drop the large kitchen knife he was holding. The teen's family said he may not have understood police officers' orders and that he was not a threat to any of the officers. The family argues that officers could have easily used a Taser gun instead of lethal force.

District Attorney Bill Ritter said Thursday that he had insufficient evidence to prove that Turney's actions amounted to criminal conduct.

"The question, and this is the only question that we deal with as prosecutors with respect to our decision, is whether or not we can go forward with a criminal prosecution of Officer Turney under these circumstances. Can we prove beyond a reasonable doubt the following: that Officer Turney had no reasonable belief that there was an imminent threat to him or the people who were behind him, based upon Paul Childs' actions?" Ritter said. "Our decision today is that we cannot go forward with a criminal prosecution. That we cannot charge Officer Turney because I have no reasonable belief that a jury of 12 people would convict Officer Turney, that they would find beyond a reasonable doubt that he was unreasonable in his belief that the threat to him or the people behind him was imminent."

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The Denver district attorney has decided not to pursue charges against the police officer who shot and killed a 15-year-old mentally disabled boy. Do you agree with his decision?

Ritter said because Childs was 4 to 6 feet away from the officers and continuing to move forward, and because Childs failed to acknowledge the police officers and refused to put down the 13-inch knife he was holding, many would agree that Turney's actions were not unreasonable.

"The last thing the officers hear as they are arriving is that there is a person inside the home trying to stab the complainant," said Ritter. "Turney had a reasonable belief that he was in imminent danger."

Ritter said he came to his decision after reviewing videotape and audiotape statements from officers, family members and witnesses at the scene. He also said that the officers at the scene were told only that a teen was trying to stab his mother, and not anything of his mentally disabled condition.

Ritter released a 30-page statement of his findings and said that the files that he used to arrive at his decision are open to the public for review.

Denver Ministerial Alliance Attacks Decision

"This is painful, shocking. That we would get such a legal, clinical explanation of in the loss of life of a young child," said the Rev. Reginald Holmes with the Greater Metro Denver Ministerial Alliance. "Do we all just go back and wait for the next shooting and the next predictable outcome of policeman shooting a child and getting away with it?"

The Ministerial Alliance met Thursday afternoon, demanding that Turney be fired. The group also said it would create a new organization along the lines of the Black Panther Party called the "All People's Party," which would patrol the streets of Denver and Aurora with camcorders instead of guns and take pictures of police involved in traffic stops. The group also asked the community to protest Ritter's decision by not working, going to school or shopping on Monday,Oct. 20. That is also the day they plan to march and protest in front of the Denver police headquarters at 4:30 p.m.

"I would emphasize that the DA's decision not to file criminal charges does not clear or exonerate an officer," said Mark Silverstein, the legal director of the Colorado chapter of the American Civil Liberties Union. He said he hoped Police Chief Gerry Whitman would take some action.

Whitman was to comment later Thursday on the shooting and Turney's status.

Turney was placed on paid administrative leave during the investigation of the shooting and suspended two days later when he came under an unrelated investigation. Turney has been accused of making a telephone threat to his former mother-in-law in Iowa the day before Childs was shot. Iowa authorities said they are awaiting the outcome of the Denver investigation before pursuing charges against Turney.


Paul Childs, 15, was shot four times and killed by a Denver police officer who asked him repeatedly to drop his knife.

No charges were filed last year after Turney and another officer shot and killed a hearing-impaired, 18-year-old black man in the same Park Hill neighborhood. Turney had said the teen was wielding a pocket knife.

Gregory Smith's family said that he was standing far from the officers -- they were on the top of the stairwell and he was on the bottom -- so he couldn't have been a threat.

Prosecutors have investigated 14 instances in the past decade where someone has died at the hands of police. Prosecutors cleared the officers each time because the officers' actions were deemed justified.

Some in the community where the shooting occurred believe that the shooting was racially motivated because Childs was black. The Childs family has enlisted nationally known attorney Johnnie Cochran for representation and to perhaps pursue the case in civil court.

Civil rights groups, including the ACLU, have called for an independent investigation. U.S. Attorney James Suthers has promised to review the district attorney's findings.

There will be a public safety meeting that will be discussing the Childs case and the police department's use of lethal force. The meeting will be at 6:30 p.m. in the city council chambers in the City and County Building.


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