by Noelle Phillips and Jesse Paul
January 30, 2015
The Denver Post
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Jessica Hernandez in a photo provided by the family. (Handout)
The family of 17-year-old Jessica Hernandez on Friday called for federal intervention in the investigation into their daughter's shooting death by Denver police officers.
The family also criticized the way Denver police officials have released information about Monday morning's shooting, according to a statement released from their attorney, Qusair Mohamedbhai.
"We believe that a federal investigation is the only way to uncover the truth because we have little confidence in the Denver Police Department's ability to conduct a fair and timely investigation," the statement said.
The family asked for U.S. Attorney John Walsh to take over the criminal investigation into the actions of the two officers who shot their daughter. And it asked the U.S. Department of Justice to conduct an independent civil rights investigation in their daughter's death.
Mohamedbhai is the attorney who represented Jamal Hunter, a former Denver jail inmate who was attacked by fellow inmates while sheriff's deputies looked away and who was later choked by another deputy.
"We are dismayed that the DPD has already defended the actions of the officers and blamed our daughter for her own death, even while admitting they have very little information," the statement said.
Hernandez was shot in an alley by Denver police Officers Daniel Greene and Gabriel Jordan after they said she drove a stolen car — which was carrying four other teens — toward them.
On Jan. 6, Hernandez was charged in Adams County with speeding, eluding police and resisting arrest, according to documents.
The Associated Press reported state troopers said Hernandez was driving 80 mph when they encountered her. Those charges were dropped after her death.
Mayor Michael Hancock issued a statement urging patience with the process of investigating the teen's death.
"I encourage everyone to allow for a thorough investigation so that we can understand all the facts," Hancock said. He also said he commits "this city's efforts to fairly and justly address this incident."
A spokesman for Walsh said he was aware of the family's request but had no further comment.
Asked about the Hernandez family's request, police spokesman Sonny Jackson referred to Chief Robert White's comments Thursday. White said he was confident in the integrity of the investigations being conducted by his agency, District Attorney Mitch Morrissey and Denver's independent monitor.
Special prosecutor?
Also Friday, the Colorado Latino Forum called for a special prosecutor to review police actions in the shooting.
Jessie Hernandez (Photo via Facebook)
The group said its request comes because it has "no confidence in the Denver district attorney's office to make a fair charging determination." The group also demanded the U.S. Department of Justice take over the investigation into Hernandez's death, citing a lack of community trust in the current inquiry process.
The Colorado Latino Forum called the district attorney's prosecution record of police "abysmal," saying the office has failed to protect residents from excessive force. The district attorney's office has asked for patience as it investigates the Park Hill shooting, pledging transparency and a complete inquiry.
The group has been critical of Denver's criminal justice system, voicing distrust and anger over law enforcement actions and policies.
A spokeswoman for Morrissey rejected the call for a special prosecutor. "There are no circumstances in the investigation of Monday's officer-involved shooting that would make a special prosecutor request appropriate," said DA spokeswoman Lynn Kimbrough.
Both officers fired multiple shots. No one else in the car was injured.
The coroner's office said Hernandez died of multiple gunshot wounds.
Officer Jordan suffered a leg fracture. White on Thursday said it is not immediately clear whether the officer's leg was injured from being hit by the car or whether he hurt it while trying to get out of the way.
The Colorado Latino Forum also recommended Denver police "cease their shifting public statements about how one of the officer's leg was injured."
"DPD has stated that Ms. Hernandez struck the officer's leg with the vehicle after which officers fired several shots," the group said. "Another DPD account stated the cause of the officer's leg fracture was unclear. Yet, another DPD version stated that the officer's leg was 'injured in the process.' "
The group says the differing accounts are raising more questions. It said that because Hernandez was young, Latina and gay, she "carried three identities that have often suffered discrimination at the hands of law enforcement."
Specifically, the Colorado Latino Forumsays it is concerned how Hernandez's body was treated after she was shot, saying officers "dragged and handcuffed (her)."
Hernandez — who lived in Thornton with her parents, Jose Hernandez and Laura Sonia Rosales — had prior contact with law enforcement in Denver, Kimbrough said. However, the DA's office will not release any records until its routine criminal investigation into the officers is complete.
A law enforcement contact could be anything from a speeding ticket to more serious felonies.
Hernandez, the oldest of six children, was a student at New America School-Thornton. She had been out all night with friends, including a girl she was dating, when she was killed.
"We have been overwhelmed by the support of the community as we grieve the loss of our Jessie," the family's statement said. "We want to make sure that Jessie's death is not in vain and that we can do our part to stop these senseless police killings."
Hernandez's death marked the fourth time in seven months Denver police have fired at moving vehicles. Two suspects have been killed, and three have been injured. At least three police officers have been injured in the incidents.
Firing at moving cars
The Denver Police Department's use-of-force policy instructs officers to avoid firing at a moving car unless there is a direct threat of serious injury or death and there are no other reasonable options.
Denver Independent Monitor Nick Mitchell announced plans for his office to evaluate police shooting at moving cars. White said he has plans of his own to review the department's policies.
The American Civil Liberties Union of Colorado on Thursday joined the chorus of those questioning the department's procedures for shooting at moving vehicles.
In his statement, Hancock said he supports a new proposal to strengthen the independent monitor's investigatory oversight.
"I believe this step will result in a more coordinated effort between all our safety departments and lead to better outcomes for all," he said.