Politics & Government

Michael Marshall Death: Two Deputies, Watch Commander Suspended

The Public Safety Office determined the three violated department procedures.

Almost 18 months after Michael Marshall died while in custody, the Denver Department of Public Safety has suspended two sheriff's deputies and a watch commander for violating department procedure.

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Deputies Breat Garegnani and Carlos Hernandez along with Capt. James Johnson were each suspended for at least 10 days in connection with Marshall's death in 2015.

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The letters of discipline cite inappropriate use of force on the part of the deputies and a "lackadaisical" approach and "neglect of duty" on the part of Johnson.

"Deputies hold a position of trust, a trust bestowed upon them by the Department and the community and are visible representatives of government," said the letter to the deputies. "They are given enormous discretion in carrying out their duties - discretion which also carries tremendous responsibility, especially as it pertains to use of force."

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The captain's letter stated that his "lackadaisical approach and passive management of the situation demonstrated a neglect of duty."

Marshall was 50-years-old in November, 2015 when he was arrested for trespassing and disturbing the peace. Unable to make the $100 bail, he was held.

While in custody, Marshall started acting in a manic and erratic manner and, while being restrained, became limp and unresponsive.

That's when a deputy noticed that he had vomited and called for medical assistance. CPR was performed for 20 minutes. An effort to place a breathing tube was unsuccessful because of the excess vomit.

His family took him off lie support nine days later.

The medical examiner ruled his death a homicide. After an investigation last year, the district attorney's office last year declined to bring criminal charges.

This story will be updated.

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