Denver Cops Who Beat Man for Using Cell Phone Get Free Pass Decade Later

The alleged pursuit of justice in the brutal April 2009 police beating of Michael DeHerrera, who was pummeled while using his cell phone to call his father, a cop, is a spectacular example of the justice system going off the rails.

Over the course of a decade, Denver police officers Randy Murr and Devin Sparks have been suspended, fired, un-fired and reinstated — the list goes on and on and on. Now, a Colorado Court of Appeals panel has reversed the dismissals of Murr and Sparks again, ruling that past Manager of Safety Charley Garcia's firing of the pair, following public outcry over a wrist slap given them by his predecessor, Ron Perea, violated procedure.

The complete ruling, dubbed Murr v. City and County of Denver, acknowledges that the result may not look or smell like justice. "We are acutely aware that this result means that the Officers essentially escape the consequences of their conduct, a result that is directly contrary to what the facts compel," it states before adding, "But agencies and courts must employ just and proper procedures to obtain just and equitable results."

On April 4, 2009, according to the "Findings of Fact" section of a February 2013 Civil Service Commission order regarding Murr and Sparks, DeHerrera and a companion, Shawn Johnson, caused a stir at 5 Degrees, a now-defunct club in LoDo, when both tried to use the women's bathroom. Bouncers subsequently escorted both of them outside, where they encountered Murr, who was working security at the venue in an off-duty capacity. The document says Murr asked DeHerrera and Johnson to leave, prompting physical contact of some sort, though witnesses couldn't agree on who did the pushing, shoving and/or striking.

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