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A Denver Sheriff Department sergeant will serve a 26-day suspension after he twice shocked a mentally ill inmate with a Taser to force her onto a bus headed to court.
Sgt. Stephen Shelton’s suspension will begin Jan. 4, according to a disciplinary letter obtained by The Denver Post. An internal affairs investigation found Shelton used inappropriate force, failed to consider lesser force options and delayed a nurse’s exam for the inmate, a requirement anytime someone is zapped with a Taser.
DOCUMENT: Read the disciplinary letter for Sgt. Stephen Shelton.
Tasers have been at the center of controversy this year inside Denver’s jails.
A Denver Post analysis of 14 Taser usages in 2014 found deputies often rely on their Tasers to inflict pain as a way to force inmates to comply with orders. Often, those inmates are mentally ill.
It’s a practice that goes against federal guidelines for stun guns and can be in violation of the department’s own use-of-force policy.
A Taser was used on Marvin Booker, a homeless street preacher, who died in July 2010 at the Downtown Detention Center after a struggle with deputies. Booker also was handcuffed and beaten by deputies.
On Monday, the city agreed to pay $6 million to cover a jury’s award to the Booker family and their attorneys’ fees.
In July, former Sheriff Gary Wilson issued a memo to deputies to make it clear they could not use the Taser to force cooperation through pain.
But Shelton’s incident happened on Nov. 27, 2013 at the county jail on Smith Road.
Carrie Slinkard, Shelton’s attorney, said they would appeal the suspension, and because of the appeal she was not able to discuss the incident.
Shelton was supervising five deputies tasked with loading inmates on a bus so they could be driven downtown for court appearances. The inmate, whose name was redacted from the disciplinary letter, had a record of behavioral problems and had mental health problems, the letter said.
When it was time for the inmate to board the bus, the woman, who was wearing handcuffs, leg irons and chains around her waist, went limp.
As she fell, she dragged deputies to the ground with her. She cursed and yelled “derogatory, nonsensical words,” the letter said.
None of the deputies were injured, and they made plans to use other tactics to get her onto the bus.
But Shelton told the other deputies he would get the Taser even though the others told investigators that they were planning to use other compliance techniques to get her off the ground.
Shelton twice used the Taser in the drive-stun mode, meaning he pressed the device directly onto her body to deliver a painful, localized shock.
The sergeant told investigators he only delivered each shock for one or two seconds rather than five seconds, which is a typical cycle, the disciplinary letter said.
After the second shock, the inmate boarded the bus.
During the investigation, Shelton said he believed the woman’s resistance was escalating. He told investigators that “her physical resistance, erratic behavior and verbal threats to kill deputies involved” led him to believe she was capable of assaulting an officer.
However, investigators determined Shelton went too far. And his punishment was increased because of his rank.
“Supervisors are expected to lead by example and should exercise greater restraint and circumspection than a subordinate deputy,” the letter said.
Noelle Phillips: 303-954-1661, nphillips@denverpost.com or twitter.com/Noelle_Phillips
