Man claims police broke his arm and didn't offer help

FEDERAL HEIGHTS - A man claims a police officer broke his arm, left the scene without getting him help and then returned after the man called 911 - only to deny seeing him earlier.

"This officer must be totally callous or trying to cover it up," said Dennis Discua's attorney, Antonio Lucero. "I can't understand why he would attack somebody in this way, realize he did something wrong and then run from it."

Federal Heights Police Officer Mark Magness, 45, who has been with the department one year, is now under a joint criminal and internal affairs investigation.

Discua, 34, says he was walking home with his 3-year-old son after watching fireworks on the Fourth of July on a nearby hill. As he was walking home, witnesses say Magness, who was on routine patrol, began to round-up some of the spectators to question them about reports of illegal fireworks in the area.

Discua denies knowing anything about illegal fireworks.

Discua, who speaks limited English, says he didn't hear the officer tell him to stop walking home. When Magness then approached Discua, he pointed to his house a few feet away and said, "I live there."

That's when Discua and five witnesses say Magness put out his foot, twisted Discua's arm back and threw him on the ground.

Discua tumbled 20 feet down a cement culvert, stopping when he hit a cement curb below, according to witnesses.

His head and ear were bleeding, his shoulder was scratched and his arm was dislocated and fractured.

"I could see the bone was popping out of his elbow," said neighbor Zach Davenport, 19.

"He just throw me away like trash," Discua said.

When Magness walked up to Discua, he says he showed the officer his arm.

"I grabbed my arm and I show him, 'See what you did already?' And he got his flashlight and looked and sees my arm," Discua said. "Then he just said to my neighbors and me, 'Go home.' And then he just left."

"I'm sitting there, and I'm really hurt, and he just left and didn't help me," Discua said. "At least if he hit me, he can help me, but no. He just left."

Neighbors helped Discua to his front porch and then dialed 911 for him.

Here is a partial transcription of the 911 call:

Discua: "One of your guys, cops... he break my... he break my arm."
Dispatcher: "He broke your arm?"
Discua: "He break my arm, yeah."
Dispatcher: "Do you need medical attention, sir?"
Discua: "Hell, yeah!"

Dispatcher: "What did the guy who hit you look like?"
Discua: "He just left."
Dispatcher: "He just left?"
Discua: "When he see my arm, he just left."

The dispatcher then put out a call for police to respond to an assault that occurred. The closest officer to respond was officer Magness.

But to their surprise, witnesses say Magness pretended not to know what happened.

"The cop came down the street, and he got out of his car, and he said, 'What happened?' And he's playing it off like it wasn't him," said neighbor Frank Brandin. "We said, 'You did this to him.'"

Witnesses and Discua told the officer that they knew the officer had hurt Discua. According to witnesses, Magness called them liars.

"He said that Discua should stop lying because he could arrest him for lying," said Discua's 13-year-old daughter, Marilyn.

In the incident report filed by Magness, the officer wrote, "I asked the reporting party what happened and he stated, 'You done this to me.' I gave a code 4 for medical attention and notified my shift supervisor. My shift supervisor arrived on scene and I had no further contact with the individual."

There is no mention in the report about Magness' first encounter with Discua in the field.

However, in the 911 tape recording, the officer talks about seeing Discua earlier in the night.

Magness: "4-15, this would be the male I was just in contact with."
Dispatcher: "Copy 011."
Magness: "Code 4. His arm was already broke."

Magness declined to talk to 9Wants to Know about the allegations, saying that he can't comment because it is an on-going investigation.

Magness did say that it's not true that he pushed Discua down the hill and broke his arm. When asked how Discua's arm was hurt, Magness said, "I have no clue."

Discua was never arrested, detained or charged with any crime from the incident. He does not have a criminal record.

Five witnesses and Discua say they are positive that the same officer hurt his arm and then responded to the call.

"Unless he's got a twin brother that works for Federal Heights as a police officer as well and was on the job on the same night, it was him. I know for a fact it was," said witness Frank Brandin.

The witnesses and Discua have filed police reports with the Federal Heights Police Department. Discua has hired an attorney.

If the allegations are true, experts say the investigation could involve improper use-of-force by the officer, failure to render aid to an injured party and misleading people about the facts.

"It certainly would be against accepted police practice if the allegations are true," said former officer and current criminology professor Joe Sandoval at Metro State College of Denver. "Police officers have to be honest in their dealings with others. I hope that the Federal Heights Police Department determines the truth of this incident and they ensure their officers act with integrity and honesty."

Magness is working on paid duty during the investigations, according to Federal Heights Lt. Gary Toldness.

He was hired in 2008 by the Federal Heights PD. The department would not say if he's worked as an officer anywhere else before that. Secretary of State business records show Magness has owned a carpet installation business since 1995.

Discua, who is a union foreman and a fire protection sprinkler installer, lost his job because he can't work with his arm in a sling. He has four children.

9Wants to Know learned about this story through a newstip. If you have a story we should know about, you can e-mail Investigative Reporter Deborah Sherman at deborah.sherman@9news.com.