A police brutality lawsuit filed Thursday against the Denver Police Department on behalf of a 16-year-old contends five officers repeatedly punched and stomped him and he was hit with a flashlight so hard it broke. The lawsuit, filed in Denver District Court, states that Juan Guillermo Vasquez suffered severe internal injuries, including a lacerated liver, a ruptured spleen, severe bruising of the kidneys, contusions to the head and face and severe bruising of the ribs. Wednesday, Douglas Romero, a lawyer representing Vasquez, sent a letter to Denver Mayor John Hickenlooper stating that litigation could be avoided with a $1.3 million settlement on behalf of Vasquez, who is 5 feet 6 inches tall and weighs 130 pounds. The letter states Vasquez was "unfairly targeted and treated differently because of his Hispanic race." Andrew O'Connor, a former public defender from New Mexico assisting the family in the litigation, said Vasquez is recovering and still has a drainage tube in his back.
"This was very egregious given the extent and the severity of the injuries," O'Connor said.The Police Department last week arrested one officer, Charles Porter, on allegations of second-degree felony assault for use of excessive force for jumping several times on Vasquez's back. Porter, 40, is on unpaid leave from the gang unit pending the outcome of the case. The Denver district attorney's office is reviewing the case for formal criminal charges. Al LaCabe, the city's safety manager who oversees the Police Department, declined comment, saying the incident is still being investigated by prosecutors and the city.
The lawsuit states that on April 18, Vasquez was standing on the corner of West 37th Avenue and Pecos Street with two friends when police approached him. It seeks damages from Porter, four other officers identified as John Does, the Denver Police Department and the city and county of Denver.
The lawsuit gave the following account:
One officer threatened to shoot Vasquez in the back after Vasquez fled the scene. That officer then threw a police-issue flashlight that struck Vasquez with such force it shattered.
The youth tripped when confronted by another officer, and the first officer jumped on his back, shouting: "You (expletive) little (expletive), you made me break my flashlight."
That officer then jumped on the teen's back, punching him on the side of the head repeatedly despite protestations from the youth that his hands were behind his back.
Three other officers and Porter converged, repeatedly striking Vasquez and kicking him.
"Plaintiff begged the defendants to stop hurting him because he could not breathe and he was throwing up," the lawsuit states.
It states that Porter then grasped the top of a fence with both hands and jumped up and down as Vasquez continued to vomit and begged for his life.
After handcuffing Vasquez, the police asked if he fell and how many times he fell.
The lawsuit states the incident stemmed from inadequate training of officers and a pattern of failing to discipline officers adequately.