A Denver sheriff’s deputy whose seemingly unprovoked slamming of a handcuffed and shackled inmate into a Denver courtroom wall was caught on camera is appealing a 30-day suspension.
Deputy Brady Lovingier, a 12-year veteran of the department and the son of former Sheriff William Lovingier, was disciplined nearly a year after he slammed inmate Anthony Waller into the glass wall during a videotaped court appearance on Sept. 11, 2012.
The video shows Lovingier grab the shackle chain around Waller’s stomach from behind, swing him around and shove him into the wall inside Judge Doris Burd’s courtroom. Waller, who was in court for an assault case, falls to his knees after the impact. Burd, who filed a grievance against Lovingier, told internal affairs investigators the use of force was “heavy duty,” and another witness who was in the courtroom described it as “a little excessive,” according to an account of the incident contained in the deputy’s disciplinary case file.
Lovingier said he used the force because Waller was being aggressive and refused to follow orders, and he needed to gain control of him. But the video doesn’t show Waller verbally or physically threatening the deputy, Deputy Safety Manager Jess Vigil wrote in a disciplinary order charging Lovingier with inappropriate force and other internal offenses.
Vigil said many of Lovingier’s statements to investigators didn’t match the video. The deputy told investigators he didn’t intend to injure Waller, but Vigil found otherwise.
Waller’s attorney did not return calls seeking comment Thursday.
Lovingier will appeal his case to a Career Service Authority hearing officer on Feb. 20. The video, which first surfaced in The Colorado Independent, was the latest embarrassment for the sheriff’s department, which has been shaken recently by a series of high-profile misconduct issues. A spokesman for the sheriff’s department could not be reached.
Manager of Safety spokeswoman Daelene Mix said the sheriff’s department has made changes to expedite the disciplinary process since the Lovingier case. Officials also continue to study the inmate-grievance process after the city’s independent monitor found the department failed to formally investigate dozens of serious allegations of deputy misconduct.
Sadie Gurman: 303-954-1661, sgurman@denverpost.com or twitter.com/sgurman
