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Denver • A federal jury on Tuesday found five Denver sheriff's deputies used excessive force against a homeless street preacher who died in the city's downtown jail and awarded his family a record $4.65 million in damages, a verdict an attorney said should send a message to law enforcement everywhere.
Marvin Booker died in 2010 after deputies shocked him with a Taser while he was handcuffed, put him in a sleeper hold and lay on top of him, apparently in an effort to control him. His family's attorneys said that was a zealous overreaction to the 56-year-old, who was frail and suffered a heart condition. The city had argued the deputies' actions were in line with the department's policies for subduing a combative inmate.
"He didn't deserve what these five sheriffs did to him that night," his brother, Spencer Booker, said, fighting tears after the verdict. "The jury spoke very, very, very clearly that they used excessive force against my brother. Your actions call for consequences."
The three-week civil trial came amid calls for a federal investigation of the department over other high-profile abuse cases that prompted the sheriff's department to make sweeping reforms. Former Sheriff Gary Wilson resigned in July.
The all-white, seven-member jury began deliberating Friday and delivered its verdict just before noon Tuesday.
"The community won't tolerate this anymore, and things have to change," Booker family attorney Darold Killmer said. "This verdict should reverberate around the country. This is a sign that people are not going to put up with it anymore."
Booker's family filed the federal lawsuit against the city and county of Denver as well as deputies Faun Gomez, James Grimes, Kyle Sharp and Kenneth Robinette and Sgt. Carrie Rodriguez. In a rare move on the eve of the trial, the city accepted liability for the actions of the deputies, meaning it is responsible for damages.
Inmates told investigators that the struggle began when he was ordered to sit down in the jail's booking area but instead moved to collect his shoes, which he had taken off for comfort.
Booker, who was arrested on an outstanding warrant for drug possession, was cursing and refusing to follow orders, according to the deputies' account. He was restrained by deputies who got on top of him, placed him in a sleeper hold, handcuffed him and shocked him with a stun gun.
Four of the five deputies remain on the force. Booker's relatives said they should be stripped of their jobs.