DENVER, COLORADO- Never mind the video showing the in-custody killing of trespass suspect Michael Marshall, says Denver District Attorney Mitch Morrissey, “Most of Mr. Marshall’s body is not visible in the majority of the video footage after he is taken to the floor because the deputies bodies’ block the view of the camera.”
That’s right, it took five sheriff deputies to keep the 112 lb. Marshall floored. “He was surprisingly strong” said one of the deputies, which is the same compliment deputies paid to Marvin Booker, another 135 lb. 50 year-old African American man whose schizophrenic episode was treated with a lethal dose of dispassionate elbow grease.
The Denver DA announced today he had no plans to prosecute the dentention center deputies for Marshall’s sudden involuntary release from confinement. The DA ignored terrifying details from the earlier coroner’s report but adds previously unknown facts which will be revealed when the video is made public later this week. He reports that “OPN devices (nunchucks) were used on Mr. Marshall’s ankles” and “a leg chain was placed on his lower legs.” Michael Marshall “struggled on the floor for over 2 minutes before he went limp.” and it took deputies 13 minutes and 20 seconds before Marshall was placed into a restraint chair where nurses discovered he wasn’t breathing.
Ignored completely are the damning details listed by the medical examiner: the blood in Marshall’s lungs and pulverized muscle tissue consistent with beating.
Instead Morrissey concentrates on aspiration as cause of death. Did it cause Marshall’s death or did others factors contribute? By other factors he’s not talking about the 900lbs of deputees.
As with Marvin Booker, police experts blame not the excessive use of force but the victim’s exertions against the force, struggling to breathe under a pile of officers very specifically. I’m reminded of the adage, it’s not the fall that kills you, it’s the sudden deceleration at the end. Michael Marshall couldn’t breathe, he kept trying alegedly, and the officers weren’t going to loosen their hold until he was comatose.
The city attorneys office plans to release the jail surveillance video tomorrow. You won’t see Michael Marshall but you’ll see the deputies who wrestled the slight-built Marshall to his death. The DA report lists their names: sheriffs deputies Bret Garegnani, Carlos Hernandez, Smajo Civic, Thanarat Phuvapaisalkij, and Sarah Bautista.
Marshall’s death hasteners join Marvin Booker’s killers, deputies James Grimes, Kyle Sharp, Kenneth Robinette, and Sgt. Carrie Rodriguez, all still on the jailhouse team. Except Deputy Faun Gomez, who was disciplined for another excessive force infraction and now serves with the highway patrol.
DENVER, COLO.- A jury reviewing the case of Marvin Booker v Denver County Sheriff’s deputies has awarded $4.6 Million to the Booker estate for the excessive force that caused his homocide. Is this justice? Not yet, but it is a huge victory against police brutality at a moment when cities across the nation are errupting in protest and police officers have yet to be charged with wrongdoing. The five deputies who killed Marvin Booker have now been found culpable. The next step would be criminal charges. BTW, after the verdict was read, the five were given an armed escort out the back door away from the courtroom audience. Next time let’s see that happen in shackles. 