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Denver DA: Grand Jury Will Investigate Misconduct Claims In Marvin Booker's Death

By Rick Sallinger

DENVER (CBS4)- The Denver District Attorney's office has announced that a grand jury will investigate the possibility of misconduct related to the 2010 death of an inmate in the Denver Downtown Detention Center.

He was a homeless street preacher, but Marvin Booker's life came to an end in jail.

Marvin Booker
Marvin Booker (credit: Denver Police)

Refusing an order to sit down, he was restrain by one deputy then four others. After attempting
to control him, he was tased.

Darold Killmer, the attorney representing the Booker family asked the DA to investigate whether
obstruction of justice occurred.

Marvin Booker
Deputies are seen detaining Marvin Booker in this video released by officials. (credit: Denver Jail)

"Five deputies were on top of Marvin Booker for 2½ minutes then tased him 25-30 seconds, way beyond any reasonable amount," Killmer said.

But he told CBS4 investigator Rick Sallinger that the wrong Taser was turned over to investigators more than once. He suggests it was deliberate.

Denver Sheriff Department
(credit: CBS)

"They didn't want that found out in the investigation because that would have led to a conclusion that that caused Mr. Booker's death so they gave the wrong taser, they did that on purpose," Killmer said.

He claims the deputies involved met inappropriately the next day to get their stories together.

In 2014, a federal civil jury awarded more than $4 million to Booker's family finding his civil rights were violated. A settlement was later reached for $6 million.

"It's not bringing him back, it's not bringing Marvin back," a family member wept after the court decision.

(credit: CBS)

No disciplinary action or criminal charges were filed against the deputies involved by former Denver DA Mitch Morrissey, but now with a new district attorney, Beth McCann, that could change.

The DA's office says the grand jury investigation will not look into the possibility of homicide, but whether any misconduct occurred in the aftermath of the incident. The Denver Sheriff Department
had no comment on the grand jury announcement.

CBS4's Rick Sallinger is a Peabody award winning reporter who has been with the station more than two decades doing hard news and investigative reporting. Follow him on Twitter @ricksallinger.

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