The Denver District Attorney's Office strives to provide  accurate information and proper context to the public through the media on cases and issues of public interest.

Occasionally a story may misrepresent or misinterpret the facts.  In those cases, we can "set the record straight" by making additional information available directly to the public.

A story in the Denver Post on November 15, 2011 about an Occupy Denver protestor contains incorrect information that has also been widely reported elsewhere in Denver, and needs to be corrected (or at least the error needs to stop being repeated).

The story reports:

The Denver district attorney's office will not pursue felony charges against an Occupy Denver protester arrested during an Oct. 29 clash with police in Civic Center.

Soon after the incident, John Sexton, 33, was identified by Denver police and witnesses as having pushed a police motorcycle and assaulted an officer, but he was cleared of those allegations Monday.

"Our review of the facts determined that the case wasn't appropriate for a state felony charge, and we have referred it back to the city attorney's office for a possible city-ordinance violation," said Lynn Kimbrough, spokeswoman for the Denver district attorney's office.

This is incorrect.

John Sexton was never identified by police as being involved in pushing over a Denver police motorcycle officer and his motorcycle. (It was local Denver media who incorrectly reported this soon after the incident.)

The District Attorney’s office did not clear him of this allegation because that never WAS the allegation.

A man named John Sexton was arrested on October 29, 2011 at the Occupy Denver protest for investigation of second-degree assault on a peace officer after interfering with an officer who was trying to arrest a woman. Our review of the case determined that interfering with police was a more appropriate charge. This charge is a city ordinance violation and so the case has been referred to the City Attorney’s Office for their review.

The man suspected of pushing the motorcycle over has been identified by police but not publicly named; a warrant has been issued for his arrest.

Denver District Attorney's Office

720-913-9000

Info@DenverDA.org