Film tells shocking tale of racism, police brutality
Denver family wins $6-million civil suit after homeless man beaten to death
The name Marvin Booker doesn’t likely resonate with many in these parts. Sadly, it doesn’t likely resonate with many in the U.S., where it really should.
But his case is all too familiar and frightening.
Booker was a homeless street preacher in Denver. In 2010, he was brought to the Denver Detention Center on an outstanding warrant for pot possession. Just after being booked, Booker went to retrieve his shoes, which he had removed. A deputy took offence and tried to grab him. Booker reacted by swinging his elbow.
This act of alleged provocation brought in four more deputies, who proceeded to pummel Booker senseless before Tasering him. Booker died shortly thereafter.
It was all captured on video and witnessed by more than 20 people in the same room. Although the Denver district attorney announced this week it is launching a grand jury probe into the handling of the Taser, the city never indicted or reprimanded any of the deputies involved. More bizarre, however, was that Booker’s family won a $6-million civil suit for excessive force in the death. Only in America? Maybe not. Neophyte director Wade Gardner was among the many outraged citizens of Denver who followed the Booker case. He spent years combing through the evidence and interviewing Booker’s family, defence attorneys and prosecutors. And he has emerged with the incendiary documentary Marvin Booker Was Murdered, which makes its world première Saturday at the 13th Montreal International Black Film Festival (MIBFF).
The doc not only casts a bleak shadow on justice in Denver, but also speaks to issues of racism that are rampant as ever throughout the rest of the U.S., not to mention the rest of the continent. Sadly, this case is hardly unique.
Small wonder black athletes have rallied to the cause of taking a knee during the U.S. national anthem as a form of protest. And small wonder so many others, including the country’s president, just don’t get it.
As Gardner reveals in the doc, there are just so many discrepancies between what was caught on tape and the testimony of deputies and attorneys. It sure smells like a coverup.
One of the deputies being investigated denied she had ever been charged before for lying. No, she had simply been charged with “departing from the truth.”
Then there were the deputies who insisted they all had to jump on Booker to subdue him because he was uncontrollable and just too strong for them to handle. So how does that explain the finding of a district attorney who insisted that Booker would have died anyway, because he was weak and his heart would have given out?
And while deputies were quick to hide the Taser employed on Booker and replace it with an unused one, they weren’t quick to call for any medical care.
It’s also worth noting that Denver deputies haven’t learned any lessons. While shooting this doc, Gardner stumbled on another dubious death of a prisoner, Michael Marshall, caused by overzealous deputies at the detention centre in 2015. It was a most unjust outcome for someone simply accused of trespassing. Marshall choked to death on his own vomit after being taken down and restrained by deputies — two of whom were given light suspensions.
“What’s so shocking is that we’ve all heard these stories before and we’ll certainly hear about them again,” says Gardner, who will be attending the doc’s festival screening and will partake in the question period to follow. “And the Denver authorities thought the Booker case was a one-off. But Denver has a long history of excessive force by law enforcement.
“Our justice system can be so bizarre and political and unjust. But what really boggles the mind here is that, not only were the deputies not reprimanded in the Booker case, but they went back to work the next day. Then, when authorities realized it made for bad optics, they were put on paid leave for a few weeks.”
Booker’s family and friends might feel vindicated on one level in winning the civil suit, but remain determined that the deputies should face criminal consequences.
“The initial investigation was a complete sham. There were so many loose ends that weren’t followed up on or countered.
“We’re now asking the new (district attorney) to open a new case. This D.A. was the first person on that level to apologize to the family. I also screened my film for her and other attorneys from her office and they were moved. I don’t think a murder conviction is in the cards, but maybe a manslaughter charge. Or what I brought up, a conspiracy or obstruction of justice. I just worry about a statute of limitations for (the latter).”
As for the deputy who didn’t lie but simply departed from the truth, Gardner insists her record had been previously blemished.
“She has a long and checkered history of not only departing from the truth, but also being involved in other instances. About 10 years ago, she was one of the defendants who was singled out in a case of a woman, Emily Rice, arrested for drunk driving. She was taken to jail and asked for her medicine. They thought she was faking. She wasn’t. She died because she couldn’t get her medicine.
“She has either been a witness or has been involved in at least one use of force a week over 10 years as a jail guard.”
This deputy was also the instigator in the Booker case, the one who objected to him retrieving his shoes.
“On the positive side, this case shows that families in similar situations can fight back — civilly, not criminally right now — to accomplish what needs to be done,” Gardner says.
“They put the Booker family through hell for years, but they never gave up.”