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Jurors deliberate in Denver jail-death trial

SADIE GURMAN
Associated Press

DENVER (AP) — Jurors deliberated for six hours Friday but did not deliver a verdict in the trial of five Denver sheriff’s deputies accused of using excessive force against a homeless street preacher who died in the city’s downtown jail.

They’ll return to court Tuesday.

In closing arguments, an attorney for the family of Marvin Booker asked federal court jurors to send a message to law enforcement and award multimillion dollar damages in the 2010 death.

Booker died after deputies shocked him with a Taser while he was handcuffed, put him in a sleeper hold and lay on top of him. Darrold Killmer, the Booker family’s attorney, said that was a zealous overreaction to the frail 56-year-old.

A lawyer representing the city of Denver, Thomas Rice, told jurors that the deputies’ actions were in line with the sheriff department’s policies for handling a combative inmate.

The three-week trial came amid calls for a federal investigation of the department over other high-profile abuse cases that prompted the sheriff’s department to make sweeping reforms. Former Sheriff Gary Wilson resigned in July as the city agreed to pay $3.3 million to settle another federal jail-abuse lawsuit by a former inmate over a beating. It was the largest payout in city history to settle a civil rights case.

“Something has to change,” Killmer said in urging the Booker jury to award a large payout. “We need a voice from the community to say, something has to change. This isn’t the way we’re going to do business anymore.”

Booker’s family filed the federal suit against the city and county of Denver as well as deputies Faun Gomez, James Grimes, Kyle Sharp and Kenneth Robinette and Sgt. Carrie Rodriguez. Inmates told investigators that the struggle began when he was ordered to sit down in the jail’s booking area but instead moved to collect his shoes, which he had taken off for comfort.

Booker, who was arrested on an outstanding warrant for drug possession, was cursing and refusing to follow orders, according to the deputies’ account. He was restrained by deputies who got on top of him, placed him in a sleeper hold, handcuffed him and shocked him with a stun gun.

Attorneys representing the family of Booker said deputies stunned him for too long and should have backed down when Booker said he was struggling to breathe. In his closing arguments, Killmer said the “dogpile” of deputies was a zealous overreaction.

“Mr. Booker was essentially doing a pushup with all those deputies on his back,” he said, adding that the department then tried to “whitewash” the incident with a shoddy investigation. Among other mistakes, Killmer said the deputy who stunned Booker submitted the wrong Taser for analysis and questioned whether the right one was ever found.

Denver’s medical examiner said Booker died of cardiorespiratory arrest during restraint, and ruled his death a homicide. The report listed other factors in his death, including emphysema, an enlarged heart and recent cocaine use.

Rice said Booker’s heart problems caused his death, and a healthier inmate would have survived the encounter.

The deputies “hadn’t the slightest notion that Mr. Booker had a heart condition,” Rice told jurors. “The bad heart was the trigger.”

Prosecutors declined to charge the deputies. Sheriff’s department officials never disciplined them, saying it was reasonable for the deputies to believe he could harm someone and that force was necessary to restrain him.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. 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If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. 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