Denver Police Chief Recommends Firing Officer who Beat Michael DeHerrera

From [HERE] and [HERE] DENVER --  Denver Police Chief Gerry Whitman has recommended to the Denver Manager of Safety that Officer Devin Sparks be fired from the force for his beating of Michael DeHerrera on April 4, 2009 that was caught on tape in lower downtown. 

The Denver Manager of Safety now has 15 days to rule on the recommendation. Sparks had been under internal investigation after an independent monitor found that the officer should be terminated finding that he used excessive force during the arrest.

DeHerrera and his friend, Shawn Johnson, were arrested and beaten after Johnson was kicked out of a bar for using the women's restroom. A city surveillance camera captured the arrest on video and shows Sparks and Officer Randy Murr putting DeHerrera on the ground and hitting him repeatedly with a weapon. DeHerrera had been making an emergency phone call to his father, Pueblo County Sheriff's Deputy Anthony DeHerrera, when he was attacked by the officers.

Sparks later admitted he hit DeHerrera at least nine times with a metal weapon wrapped in leather called a sap. Deherrera received cuts, bruises, and broke several of his teeth during the beating. He was taken to a hospital where he was given several stitches. He also claimed that he blacked out during the beating.

Whitman cannot terminate officers on the force. They must be fired by the manager of safety.

Both the Denver Disciplinary Review Board and the Independent Monitor have said both officers should be fired for using unnecessary force.

Former Manager of Safety Ron Perea initially said the officers should not be fired. Murr was suspended for three days without pay for writing inaccurate reports, and Sparks was docked 24 hours pay.

9Wants to Know then found two witnesses to the beatings, which prompted Perea to rescind his decision. Perea then resigned.

His successor, Mary Maletesta, also recently stepped down on March 12.

New Manager of Safety Charles Garcia has not been sworn in yet and will not take the oath until Wednesday.

Officer Sparks should have been fired and criminally charged for attacking DeHerrera and lying on the police report. Instead, he was only given a three day suspension without pay