Hope You Don’t Live in Federal Heights

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.

The taped evidence contradicts the officer’s claim.

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.”

This is just another of a series of recent reports from across the country of outrageous violence by police. If these allegations turn out to be true, will District Attorney Don Quick prosecute the cop?

4 Community Comments, Facebook Comments

  1. Chef says:

    No, Quick will not go after the dirty cop. Why should he? What does he have to gain?

    That’s why cops do this, because they know they will never be held accountable. These are arrogant abuses of power. They know that they can do anything they want, whenever they want, and have the power to hurt, maim, and kill innocent people with no repercussions.  

  2. ohwilleke says:

    officers to be conducted either by a DA from another jurisdiction assigned to the case as a special prosecutor, or as part of an FBI investigation conducted by public integrity or civil rights attorneys from the national office of the Justice Department.  This avoids the need for a prosecutor to be making decisions in criminal cases about people who are colleagues in most criminal cases in the prosecutor’s jurisdiction.

    So, Don Quick is unlikely to be making that decision.

    • gertie97 says:

      Or most of the Western Slope, for that matter. The DA investigates and finds the cop acted properly. In some cases the guy, or his survivors, sue in federal court. In due time the lawsuit is settled out of court. In rare cases, a local paper keeps track of it and eventually finds out the amount. But sure enough, in the settlement, the cops admit to no wrongdoing.

      Colorado should demand that an independent DA (someone at least two jurisdictions away) investigate these incidents. Then we might believe the findings.

      • ThillyWabbit says:

        I’m not sure what the dear barrister is referring to, but there was no special prosecutor in this case. And I don’t remember any special prosecutors being appointed for Joe Bini for any of his many gross transgressions.

        In fact, The Denver DA has a whole section on DPD officer-involved shootings (to say nothing of arm-breakings) on its website that makes it absolutely clear who he thinks has jurisdiction:

        The Denver District Attorney is a State official and the Denver District Attorney’s Office is a State agency. As such, although the funding for the operations of the Denver District Attorney’s Office is provided by the City and County of Denver, the Office is independent of City government.

        The District Attorney is the chief law enforcement official of the Second Judicial District, the boundaries of which are the same as the City and County of Denver. By Colorado statutory mandate, the District Attorney is responsible for the prosecution of violations of Colorado criminal laws. Hence, the District Attorney has the authority and responsibility to make criminal charging decisions in peace officer involved shootings.

        The only case where the Denver DA’s protocol calls for a special prosecutor is in the case of conflict of interest, which they define by example as being “if an officer involved in the shooting is related to an employee of the Denver District Attorney’s Office, or an employee of the Denver District Attorney’s Office is involved in the shooting.”

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