http://www.denverpost.com/news/ci_19636151
A Denver police officer fired for driving 88 mph above the speed limit while intoxicated has appealed his dismissal, arguing that the penalty is unfair and overly harsh.
Derrick Curtis Saunders, who had previously been cleared of charges he pointed a gun at a McDonald's employee in 2009, was arrested for speeding and DUI by the Colorado State Patrol. He couldn't be reached for comment Wednesday.
Saunders was traveling 143 mph in a 55-mph zone on June 17, 2010, according to the order terminating him, issued by Manager of Safety Alex Martinez on Dec. 7.
A Colorado State Patrol officer stopped him on Gun Club Road in Arapahoe County and found his blood-alcohol level was 0.089 percent, above the legal limit of 0.08.
"The extraordinary high speed alone is stunning. The fact that you drove at this dangerous speed while your ability to drive was impaired by alcohol is shocking. In addition, you were driving at night and with a passenger in the car," Martinez wrote.
Saunders was driving a friend's car when he flew past the trooper. He pleaded guilty to driving while impaired and to reckless driving. An Arapahoe County Court judge sentenced him to five days in jail, fined him $300 and ordered him to perform 100 hours of community service, according to court records.
"Your misconduct demonstrates a willful and wanton disregard of Department values and demonstrates a serious lack of character related to fitness to hold the position of police officer, a Category F violation," Martinez wrote.
Saunders' appeal to the Denver Civil Service Commission asserts that Martinez's findings and penalties are "unfounded and/or unsupported by the facts" and violate principles of fundamental fairness.
The penalty is "disproportionate to the offenses alleged and/or is excessive so as to be punitive rather than corrective in nature," according to the appeal, filed by the Denver Police Protective Association's lawyers.
Nick Rogers, the union's president, didn't return a call for comment.
An Arapahoe County jury cleared Saunders of felony menacing and weapons charges after an employee of a McDonald's accused him of pulling a gun when he grew impatient waiting for his food.