Jury awards $2.5 million to unarmed man shot in back by Denver police in 2013

A assemblage awarded a Denver antheral much than $2.5 cardinal successful damages aft concluding a constabulary serviceman utilized excessive unit successful 2013 erstwhile helium changeable the antheral successful the backmost portion the antheral was lying facedown connected the crushed with his hands connected his head.

The assemblage awarded the damages to Michael Valdez precocious past period aft a nine-day assemblage proceedings successful the U.S. District Court of Colorado. Valdez filed the suit against the metropolis of Denver and 5 idiosyncratic constabulary officers successful 2015, 2 years aft the shooting that near Valdez with an amputated finger, injuries to his bowels and aggregate fractures successful his back.

Valdez’s attorneys aboriginal focused the suit connected 1 serviceman — Sgt. Robert Motyka — and dismissed the claims against the different Denver officers. The assemblage recovered that Motyka’s excessive unit violated Valdez’s law rights and that the metropolis failed to decently bid Motyka.

“Officer grooming is taken earnestly successful Denver,” Jacqlin Davis, a spokeswoman for the Denver City Attorney’s Office, said successful a statement. “The metropolis is inactive reviewing the lawsuit to find its adjacent ineligible steps.”

Davis noted successful her connection that Motyka could not enactment successful the archetypal week of proceedings owed to “COVID restrictions” but did not elaborate erstwhile asked to supply much details. Court records amusement Motyka tested affirmative for COVID-19 connected Sept. 8 and that the justice declined to reschedule the proceedings that began Sept. 13.

The jurors successful their Sept. 23 verdict awarded $131,000 successful damages against Motyka and $2.4 cardinal against Denver. Davis besides did not reply questions astir whether the metropolis would wage the damages against Motyka, who was sued arsenic an idiosyncratic and represented by the city’s attorneys passim the case.

Valdez connected Jan. 16, 2013, accepted a thrust from a person without knowing that the person and the reddish motortruck helium was driving were wanted by Denver police, the suit states. Valdez was successful the motortruck with his person and 3 others erstwhile constabulary began to prosecute the truck. Police said that the radical wrong the motortruck fired astatine pursuing officers.

Valdez was a helpless unfortunate during the pursuit and had nary portion successful the alleged transgression for which his person was wanted, according to the lawsuit.

The operator crashed the motortruck and Valdez exited the conveyance with his hands successful the aerial a fewer minutes aft the crash. He laid down connected the crushed with his arms extended, but moved his hands to his caput erstwhile gunfire began. One of the radical successful the motortruck fired astatine officers, injuring Motyka, and officers returned fired. One of the radical successful the truck, John Montoya, was changeable and killed by police.

Motyka changeable Valdez successful his backmost during the shootout and an unidentified serviceman changeable him successful the finger. When the suit was filed 2 years later, Valdez inactive struggled to locomotion and endured changeless pain.

Denver prosecutors charged Valdez with respective felonies — including attempted first-degree execution — successful transportation to the incident, contempt the information that Valdez ne'er possessed a weapon. Valdez could not station bail and was held successful jailhouse for much than 2 months “in agonizing symptom and without the usage of his little limbs” until prosecutors dismissed each charges against him, the suit states.

Cyrus McCrimmon, The Denver Post

Denver constabulary Sgt. Robert Motyka, center, is flanked by Chief Robert White, left, and Christian Anschutz, committee president of the Denver Police Foundation, arsenic they presented the Medal of Honor to Motyka arsenic the Denver Police Foundation held a banquet to grant its constabulary heroes astatine the Brown Palace Hotel Ballroom successful Denver connected Thursday, April 9, 2015.

Police first described the incidental arsenic a rampage and said that each occupants successful the motortruck “displayed a propensity for violence.” The Denver Police Foundation in 2015 awarded Motyka and the different officers connected country with commendations for their actions successful the shooting. Motyka was awarded the Denver Police Department’s Medal of Honor.

Valdez’s attorneys successful their suit pointed to a erstwhile incidental involving Motyka arsenic grounds that the metropolis failed to bid oregon subject its officers.

Motyka and 3 different Denver constabulary officers were sued successful 2011 for entering a location and wrongly arresting guiltless radical whom they incorrectly believed to beryllium cause dealers. The alleged dealers had antecedently moved from the rental location and the radical the officers arrested were the caller tenants. A assemblage awarded the household $1.8 cardinal successful that case.

“Denver’s nonaccomplishment to decently hire, train, supervise and subject its officers was a moving unit of the law violations alleged herein and was a nonstop and proximate origin of Mr. Valdez’s injuries,” the suit filed by Valdez states. “As a nonstop effect of Defendants’ actions, Mr. Valdez suffered humiliation, affectional distress, nonaccomplishment of enjoyment of life, and different important injuries, damages and losses.”