Officer Gets Shorter Suspension

Officer gets shorter suspension

50 DAYS INSTEAD OF 90

Ranjan Ford Jr. agreed to the deal just as a hearing was to begin on his discipline in a 2004 shooting death. His father is seriously ill in Texas

Felisa Cardona

Denver Post Staff Writer.

Denver Post

Jan 10, 2006. pg. B.01

A Denver police officer who fatally shot Frank Lobato as he lay in bed in 2004 will receive a 50-day suspension, down from the 90 days ordered by the city's manager of safety.

The officer, Ranjan Ford Jr., had appealed the 90-day suspension, arguing that he followed police procedures and should not be disciplined in the shooting.

But, with his father seriously ill in Texas, Ford on Monday agreed to settle on a 50-day suspension just as his appeal hearing before the Civil Service Commission was to begin.

The Lobato family attorney, Kenneth Padilla, said that the settlement sends the wrong message and that Ford should have been fired.

'It depreciates the value of human life, and it's also a message to the police that you can get away with murder, you can kill people and get away with no accountability.'

Ford left for Texas after the hearing, but his attorney, David Bruno, said that the 90-

day suspension was inappropriate and that Ford's service record shows he had never been in an incident that required discipline.

Bruno intended to call expert witnesses to testify that Ford's use of force was 'objectively reasonable' and a visual expert on low- light shootings who would describe how objects can be mistaken for guns.

Ford shot Lobato on July 11, 2004. He said he believed Lobato, who was lying in bed, bolted upright with a gun in his hand. Instead, Lobato was unarmed; a soda can was found on the floor of his bedroom, which police say he could have dropped when shot.

A police investigation indicated that Ford probably did not intend to fire his weapon but that he violated department policy because he had his finger on the trigger as he entered Lobato's bedroom. The investigation concluded that Lobato probably moved and startled Ford, who ducked and accidentally fired.

Ford has maintained that he intentionally fired because he believed Lobato was armed.

At the time of the shooting, Ford and other Denver police officers were searching for Lobato's nephew, Vincent Martinez. Martinez's girlfriend, Cathy Sandoval, had accused Martinez of holding her captive for 17 hours.

Sandoval told police officers that Lobato was in the house and that he was unarmed.

Padilla has filed a $10 million federal lawsuit against the city and on Friday added three more officers who were at the scene to the lawsuit.

While the police investigation found that only Ford made procedural mistakes, Padilla wants the officers to testify about their decisions and whether they made Ford aware Lobato was in the house.

Manager of Safety Al LaCabe, who had wanted Ford suspended for 90 days, declined to comment Monday. But City Attorney Cole Finegan said settling the case ensures that Ford at least gets some suspension time.

'The settlement was in the best interest of the city and the Police Department and resolves the uncertainty in this type of appeal,' Finegan said. 'This was a serious violation of the use-of- force policy that resulted in the tragic death of Mr. Lobato.'

Last year, a hearing officer reduced the 10-month suspension of officer James Turney to five days and a one-day fine.

LaCabe had disciplined Turney for fatally shooting Paul Childs, a 15-year-old developmentally disabled boy.

The city is appealing the reduction of Turney's suspension.

For Ford, who now works in the Police Department's Criminal Investigations Division, the 50-day suspension means he will get 40 days back in pay and benefits.

Christina Gomez, the mother of Lobato's three adult children, says her kids lost a father.

'(Ford) didn't think when he was going in there, and he was very careless or he just didn't care,' she said.