A judge has ordered Denver's district attorney to explain why he did not prosecute a sheriff's deputy who slammed a handcuffed inmate into a courtroom wall.
The rare court hearing is set for Friday afternoon before District Court Chief Judge Michael Martinez, who could compel Mitch Morrissey to seek charges against the deputy or appoint a special prosecutor.
It comes less than a day before the statute of limitations will expire in the 2012 case involving Deputy Brady Lovingier and Anthony Waller, who was in court for an unrelated assault case. Courtroom video footage showed Lovingier grab Waller by a chain around his waist and slam him into the wall. A federal lawsuit says Waller suffered broken teeth and head wounds.
Lovingier, who was suspended, argued the force was necessary.