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2 Denver officers fired for lying in the Denver Diner beating case

8:48 PM, Sep 27, 2013   |    comments
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DENVER - The two Denver officers involved in the 2009 Denver Diner case were fired, per a ruling by the Denver District Court.

The decision to reinstate officers Ricky Nixon and Kevin Devine's firing was handed down by the court on Thursday.

READ THE COURT ORDER 

The two officers were originally suspended for "inappropriate force" and fired in 2012 for lying or "commission of deceptive act." But got their jobs back on appeal. Thursday night is the most recent decision to end the officers Denver Police career.

"This city under no circumstances will ever tolerate deceptive acts by members of our law enforcement community," Mayor Michael Hancock said in a statement. "It is extremely important that our officers are held to a higher standard when it comes to being able to articulate the facts of an incident in dealing with the public."

Earlier this week, the Denver City Council voted to settle the suit between the City, DPD and the four women involved in the Denver Diner case. The city paid out $360,000 to the women and their attorneys.

This is another chapter is the case dating back to July 12, 2009.

In 2009, according to court documents officer Nixon was working off duty in uniform and arrived at the Denver Diner off Colfax Avenue and Speer Boulevard to investigate an assault between two women. Nixon called the incident in, officer Devine responded. What happened outside the diner was captured by one of several police-run HALO cameras. The video shows a physical "confrontation" between the officers and a number of women, as the court documents describe the events.

According to court documents both officers "exaggerated or intentionally misled investigators about the need to use [pepper] spray."

The documents state that Nixon told investigators he feared being attacked. The court found the "crowd was not advancing on the officers."

On Thursday, the court upheld the initial decision to fire the officers. They can appeal.

"The court made a critical - and correct - decision today. This ruling supports our hard work to make our police department more accountable to the people it serves. I am proud of our city attorneys and those in the manager of safety's office who persisted in their pursuit of justice in this case," Amber Miller, press secretary with the City and County of Denver, said Friday morning.

The Police Department told 9NEWS it supported the Manager of Safety and the Court's decision.

"The officers firing absolutely should not have been reinstated," Nick Rogers, President of the Police Protective Association or the police union, said. "I represented the officers in their discipline review board hearing. The discipline review board said that no discipline was warranted in this case. This case is based more on politics than fact. The facts of this case do not warrant termination."

Earl Peterson, executive director of the Denver Civil Service Commission, said the commission respected the court ruling.

"Commissioners made a ruling based on what they felt was appropriate," Peterson told 9NEWS.

The commission is comprise of five citizens who are appointed by the mayor and the city council.

(KUSA-TV © 2013 Multimedia Holdings Corporation)

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