Council member: Marshall death was “unacceptable”
A hearing Wednesday on the death of inmate Michael Marshall at the downtown jail turned into a referendum on the Denver Sheriff Department’s ability to reform, with City Council members saying they were appalled by the death investigation and concerned about leadership at the city’s public safety department.
Councilwoman Robin Kniech described the Marshall case as “unacceptable at every single level,” but she said that only Mayor Michael Hancock can force the Department of Public Safety to act on recommendations made in a scathing report released by the city’s police watchdog.
“There is one branch of government that is in control here. One. And that branch of government needs to act,” Kniech said.
On Monday, Denver’s independent monitor Nick Mitchell released a report that concluded the sheriff’s department mishandled the investigation into Marshall’s death and the safety department’s leaders made such flawed disciplinary decisions that no one ultimately was held accountable. At the time, Stephanie O’Malley was in charge of public safety, but she resigned last month.
Marshall, who was suffering from a psychotic episode, died in November 2015 after he aspirated on vomit while being restrained face-down for more than 10 minutes by multiple deputies. The death was a ruled a homicide.
In a statement, a spokeswoman for Hancock said Marshall’s death was a “deep tragedy.” Changes have been made at the sheriff’s department since then, and the mayor is committed to identifying other areas for improvement.
“We’ve met with the Monitor a number of times now to review his report and recommendations, and will next determine what changes can be put in place to continue the reform,” the statement said.
City Council approved a $4.65 million settlement that was paid to Marshall’s family before a lawsuit was filed, and the monitor’s report provides insight into why the city felt compelled to settle outside the courts.
Kniech said nothing in Mitchell’s report contradicts what the City Attorney said in a confidential briefing to Council where the recommendation to settle was made.
Disciplinary decisions in the Marshall case led to a public outcry because two deputies were given 10-day suspensions and a captain was suspended for 16 days. All three suspensions were overturned. Other deputies have received more punishment for seemingly less serious infractions, such as a deputy who was suspended for 30 days for flashing his badge to get faster service in a restaurant.
Councilman Paul Kashmann said he will ask Troy Riggs, the public safety director, and Sheriff Patrick Firman to attend a hearing to answer questions about the monitor’s report.
And the Citizens Oversight Board, which also monitors the city’s law enforcement agencies, will hold a public hearing Thursday from 6 to 8 p.m. at the Blair-Caldwell African American Research Library, 2401 Welton St.