Judge to DA: Explain why deputy wasn't prosecuted over courtroom use of force on chained inmate
Hours before the three-year statute of limitations is set to expire, a Colorado judge has ordered the Denver district attorney to appear in court on Friday to explain why a sheriff’s deputy wasn’t prosecuted for slamming an inmate into a courtroom window frame.
The September 2012 incident involving Anthony Waller was captured on security video. He was wearing handcuffs, leg irons and a waist chain at the time and subsequently filed a civil rights suit, saying that he suffered a head injury and broken teeth as a result of the apparently unprovoked attack.
The rare hearing before Denver District Court’s chief judge, William Martinez, resulted from a petition by Waller’s attorney, Ken Padilla, the Denver Post reports.
“This is our shot at getting justice,” Padilla told the newspaper.
The article doesn’t include any comment from the DA or the sheriff’s department.
Sheriff’s deputy Brady Lovingier was suspended as a result of the incident.
