DENVER - City officials said they would appeal the reinstatement of two fired police officers accused of lying on reports, but the deadline to file for a stay has passed, 9Wants to Know has learned.
On Jan. 13, the Civil Service Commission ordered the reinstatement of Officers Ricky Nixon and Kevin Devine who were seen on surveillance video wresting and pepper-spraying young women outside the Denver Diner in July 2009. The incident was caught on surveillance video and the officers were terminated in April 2011.
The officers were accused of excessive force and lying about the incident to make it sound like they were acting in self-defense.
The city should have filed for a stay by Jan. 30, but a call into the Civil Service Commission office confirms no such motion for a stay has been filed.
About two hours after this article was first posted, 9Wants to Know learned the city filed a motion asking for permission if it could file a late request for a stay.
The attorney representing Nixon and Devine has filed a motion saying the officers should be immediately reinstated because the city has not filed any sort of motion requesting a stay.
From the motion: "Respondent-Appellant has failed to timely or properly request a stay as required by the CSC Rules, and there is no Rule or other legal authority that empowers this Commission to now grant a stay. The Commission therefore should enforce the Hearing Officer Panel's Decision and Order. Officer Devine and Officer Nixon respectfully request this Commission to order the Denver Police Department to forthwith comply with that Decision and Order and to reinstate Officer Devine and Officer Nixon with all back pay, seniority and other benefits due to each of them."
The Civil Service Commission ordered the reinstatement of Nixon and Devine because it felt the officers did not lie on their reports. The commission felt the inaccurate reports were based on false memories generated during a tense encounter.
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