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No Discipline For 5 Deputies Involved In Jail Death

Homeless Preacher Marvin Booker Died While Being Restrained In Denver Jail

POSTED: 11:40 am MDT May 9, 2011
UPDATED: 9:16 pm MDT May 9, 2011

Denver Manager of Safety Charles Garcia said Monday that he will not discipline five jail deputies involved in the in-custody death of a homeless preacher last July.

Marvin Booker, 56, died July 9, 2010, while being restrained by the deputies in the Denver Jail.

Garcia said the deputies followed departmental policy in restraining Booker, based on witness testimony and a jail surveillance video of the incident.

Garcia extended a temporary ban on officers using a "sleeper hold," like the one used on Booker. The hold is an arm lock around a person's neck that squeezes the carotid arteries, interrupting blood flow to the brain, which can make a person pass out.

The manager said he would create a task force to study the sleeper hold and use of force in general.

Video Finally Released

Garcia also released the surveillance video of the incident.

Booker had been taken into custody on drug paraphernalia charges. According to an autopsy report, Booker was returning to a holding area for his shoes and not responding to a female booking officer's commands.

The video shows Booker walking alone through the jail booking area, talking aloud and gesturing with his arms as if he was upset.

The jail booking officer approaches Booker and tries to take him by the arm, but Booker swings his arm twice to break her hold. Then four male deputies run up and take Booker to the ground.

The video camera view of what's happening during the struggle on the floor is obscured by a row of chairs in the booking area.

According to the autopsy report, two officers struggled to cuff Booker's hands behind his back, while another tried to control his legs. A fourth deputy lay across his back and applied a "sleeper" hold for 2 1/2 minutes.

The report states that Booker continued to resist, which is when a fifth deputy used a Taser on Booker's leg and discharged it for eight seconds.

"[Booker] ceased resisting shortly after the use of the Taser," the report said. The weight of several deputies had been on his torso for about 4 minutes.

The deputies carried Booker into the isolation cell and again placed him facedown on the floor, the report said.

His handcuffs were removed while a deputy kneeled on his back for up to 2 minutes, the report said. Shortly afterward, a deputy noticed the inmate didn't appear to be breathing.

A jail nurse was called who found Booker unresponsive, the report said. She began cardiopulmonary resuscitation and summoned emergency medical crews.

Paramedics were briefly able to reestablish a heart rhythm, but Booker was pronounced dead at a local hospital, the report said.

The Denver medical examiner ruled Aug. 20 that Booker's death was a homicide, caused by "cardiorespiratory arrest during physical restraint. The restraints consisted of weight applied to the decedent’s body while held prone on the floor, application of a carotid ‘sleeper’ hold to the decedent’s neck, application of a Taser to a lower extremity in ‘stun drive’ mode for 8 seconds, restriction of arm movement by cuffing his hands behind his back, and restriction of leg movement by use of an ‘OPN’ (nunchuck)," the autopsy report said.

The report said heart disease, emphysema, and the use of cocaine were "significant contributing factors" in Booker's death.

Denver District Attorney Mitch Morrissey in September decided against filing criminal charges against the deputies involved in Booker's death. Morrissey said the deputies "were justified in using the degree of force used, which was reasonable, necessary and appropriate under the specific facts of the case."

Booker's family has called his death murder and filed a lawsuit against the city on Feb. 24

"It seems like the officers have a license to kill," Booker's father, Rev. Benjamin Booker, 82, said during a news conference announcing the lawsuit. "The officers ought to protect you, not kill you."

Family members and Denver church leaders have held repeated protests calling for justice in Booker's death.

"I promise that you'll see that my brother was murdered at the hands of five of your deputies," the Rev. Spencer Booker said at a rally last summer.

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