ACLU Files Complaint on Behalf of Family
of Suspect Who Died in Police Custody
FOR IMMEDIATE RELEASE
December 22, 1997
Acting on behalf of the family of Robert Murphy, who died after being taken into police custody on October 31, the American Civil Liberties Union of Colorado (ACLU) filed a complaint today with the Denver Police, asking that Chief Michaud consider whether to impose administrative discipline on the officers responsible for Murphy’s arrest and custody.
Two independent witnesses report that they saw police kick and strike Murphy numerous times in the head, and that the blows continued even after Murphy was handcuffed and subdued. One witness reported that police used a metal flashlight. The police report acknowledged that an officer hit Murphy, but only in the arms, not the head.
According to police, the incident began when Murphy refused a police order to exit his pickup truck and instead began to empty the contents of a pill bottle into his mouth. To prevent Murphy from swallowing what they suspected to be illegal drugs, police forcibly pulled Murphy from the vehicle. He emerged swinging and kicking, and police took him to the ground and handcuffed him.
Police eventually pulled some cellophane-wrapped packages from Murphy’s throat, attempted CPR, and called for paramedics. By the time they arrived, however, Murphy had no pulse. He never regained consciousness, and he was taken off life support several days later.
An autopsy revealed six bruises on Murphy’s head but no skull fractures. Death was attributed to suffocation from a blocked air passage in combination with cocaine intoxication.
On December 17, District Attorney Bill Ritter announced that he would not file any criminal charges in connection with the incident.
"The District Attorney’s decision does not exonerate the officers," said Mark Silverstein, ACLU Legal Director. "Chief Michaud must now determine whether to impose administrative discipline." Unlike a criminal charge, such discipline does not require proof of criminal intent, nor does it require proof beyond a reasonable doubt.
According to Silverstein, discipline might be appropriate for anything from the use of excessive force to the officers’ failure to clear Murphy’s air passage in time to save his life.
The ACLU also called on Chief Michaud and District Attorney Bill Ritter to release more information about the events of October 31. "Once again, law enforcement authorities are playing games with the public," Silverstein said. "When this investigation began, Chief Michaud said that authorities would follow the strict investigative procedures that apply when a citizen is shot by a police officer. Under those procedures, endorsed by the recent report of the Erickson Commission, the District Attorney opens the file to the public and releases all reports after a decision that no criminal charges will be filed. Now the District Attorney claims that those procedures do not apply, because Mr. Murphy did not die from police bullets."
"The police have all the relevant facts, including the statements of all the officers involved," Silverstein said. "Now the Chief must decide if those facts warrant discipline." Once that decision is made, Silverstein said, the Chief should release the information so that he can begin restoring the public’s confidence in the ability of police to investigate themselves. "When it comes to police accountability," Silverstein said, "‘Trust us’ is not good enough."
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