Boulder police oversight committee denies request from NAACP to reopen case against slain officer

Oct. 26—Boulder's police oversight committee has denied a request by the local chapter of the NAACP to re-examine a closed investigation into a slain officer, ruling the case was outside its purview.

The NAACP asked the committee to reexamine a 2014 complaint against the late Boulder Police Officer Eric Talley that was filed by a Black man who said Talley pulled him over while off duty and held him at gunpoint for unsafe driving.

The request was made in a letter from the NAACP to the police oversight panel on the eve of the committee's August meeting and again in the public comment portion of the meeting.

Members of the newly created panel, which had yet to approve its bylaws at the time, were not sure if the case was eligible for review, since the investigation already had been closed for several years.

In a release Monday, the oversight committee announced it had ruled that it could not review the case, and said legal counsel "advised the panel that the law grants it authority to review an investigation and access the requisite evidence before the chief of police makes a final determination.

"As such, the panel does not have legal authority to review any cases in which the chief of police has already made a final determination, nor does the city of Boulder or the Boulder Police Department have legal authority to provide the panel with the required evidence and investigation reports necessary to complete a new review of these cases."

The NAACP issued a statement Monday.

"The Boulder police oversight panel has come out with a slanderous public statement about concerns raised by the NAACP," the statement read. "The independent monitor performed a review of a police investigation that the police oversight panel is choosing not to review. The NAACP Boulder County Branch finds this an abrogation of their duty to evaluate the independent monitor's work.

"The Police Oversight Panel has chosen to attack the oldest civil rights organization in the country and claims the NAACP's request that they do their job is not in good faith, omitting the fact that the independent monitor was allowed to perform the very review that the Police Oversight Panel claims they cannot do."

The initial police investigation could not substantiate the allegations against Talley on two rule violations, and the complaint was closed.

An independent review of the investigation by Joseph Lipari, the new independent police monitor, concluded that Talley could have been exonerated on one of the rule violations, and also concluded that the other could not be substantiated.

"Officer Talley is a hero who died serving and protecting Boulder," Michael Carrigan, an attorney and spokesperson for the Talley family, said in a statement. "The Talley family is grateful that the oversight panel can get back to the same goal Officer Talley dedicated his life to: a safer and fairer Boulder."

The Boulder County District Attorney's Office and the Federal Bureau of Investigation also reviewed the case.

"In today's announcement, the newly created police oversight panel has reaffirmed their strong commitment to the independent and equitable review of law enforcement," Boulder County District Attorney Michael Dougherty said in a statement. "We appreciate their dedication to a fair process. Police Officer Talley made the ultimate sacrifice for our community."

In addition to the fact that the case was closed, the statement from the panel said the request by the NAACP "was not made in good faith."

"Communications between the Boulder NAACP and the Boulder Police Department, which included a meeting and presentation on the investigation, proceeded with no involvement from the panel," the statement read. "The panel was only made aware of the conflict hours before being confronted in a public meeting, without due time to review materials submitted by the NAACP or the Independent Police Monitor, and only after interviews had already been given to members of the press by both the NAACP and the Boulder Police Department."

At the August hearing, members of the NAACP brought up its role in pushing for the creation of the panel, with President Annett James saying that if the panel did not take up the case, it would "change the NAACP's perspective" on the panel and cause the organization to push for a "restructure" or a liaison.

But in its statement Monday, the oversight panel said it "does not answer — in practice or legal authority — to the Boulder NAACP or to the Boulder Police Department" and that it "will not foster exclusive relationships with any organization, individual, or other body to file complaints in its future work."

"We answer to our community and consider the community trust as sacred," the statement read. "The panel will not be influenced by threats against its legitimacy, crossing personal boundaries with its members, or any other tactics of coercion. We look forward to working with our community and representative organizations with grace and openness."

The NAACP's request came after a pending bill from Rep. Joe Neguse that would rename the downtown Boulder post office after Talley.

Talley, 51, was killed when he was the first person to respond to a March 22 shooting at the King Soopers at 3600 Table Mesa. In addition to Talley, Denny Stong, 20; Neven Stanisic, 23; Rikki Olds, 25; Tralona Bartkowiak, 49; Teri Leiker, 51; Suzanne Fountain, 59; Kevin Mahoney, 61; Lynn Murray, 62; and Jody Waters, 65, were killed in the shooting.