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Settlement Reached Between Denver, Paul Childs' Family

Denver To Pay $1.3 Million

POSTED: 11:15 am MDT May 25, 2004
UPDATED: 6:09 pm MDT May 25, 2004

The city of Denver reached a $1.3 million settlement Tuesday with the family of Paul Childs (pictured), the 15-year-old developmentally-disabled teenager shot to death by a Denver police officer after a 911 call to his home almost a year ago.

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City Attorney Cole Finegan announced details of the settlement which is subject to final approval by the city council.

"We believe we have reached a settlement that is fair and in the city’s best interests,” Finegan said. "Our office has devoted hundreds of hours to reviewing this case and analyzing similar cases and verdicts across the country. This settlement treats both the city and the Childs family fairly and allows all of us to move forward."

Denver agreed to pay $1,325,000.

The Childs family would not comment until the settlement is acted upon by the city council, but they were said to be pleased.

"They have mixed emotions. They wanted to have their day in court, but they realized that this settlement agreement acknowledges that there was some meaning to Paul Childs' life, and that he did not die in vain," said Timothy Rastello, the Childs' family attorney.

Childs was shot to death by Denver police officer James Turney on July 5, 2003.

Police say that when they arrived at Childs home, Childs was standing in the doorway, refusing to drop the 13-inch 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.

In January 2004, Denver received a "notice of claim" from the Childs family of their intent to sue the city for at least $5 million. They are represented by well-known criminal defense attorney Johnnie Cochran.

Turney was never charged for the shooting, even though it was the second disabled teen the policeman had shot dead in 18 months. Turney was suspeneded for 10 months in a move that angered the Denver police rank-and-file.

Manager of Safety Alvin LaCabe found that Turney made a number of errors at the scene but did not violate the department's use of force policy.

The Denver Police Protective Association issued a written statement that expressed disappointment in the settlement:

"Neither the Denver Police Protective Association, nor their attorneys, were included in the negotiations with the City and County of Denver and the Childs family. Officer James Turney acted appropriately and we fully support him. We would have preferred that the City taken this case to trial so the facts would have been known. However, the City has decided to settle out of court.

"Often times our City leaders make settlement decisions concerning lawsuits based on financial considerations, such as legal fees, rather than merits of the case."


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