Colorado’s Court of Appeals has said an administrative law judge made mistakes when she decided to reinstate a beleaguered Department of Corrections worker fired after fatally shooting a teenager in 2020. A decision last week by the appeals court doesn’t outright uphold his firing, but directs the administrative law judge to redo her analysis based on its findings.

Desmond Manning, a firearms instructor and investigator for the Department of Corrections, in April 2020 saw a group of teenagers breaking into a vacant house behind his home. They fled when police arrived, and three of them climbed a gate around Manning’s home to escape through is yard. Manning fired several shots after shouting at them to stop. He shot one teenager in the leg and another, 16-year-old Alexis Mendez-Perez, in the back as he ran away. Mendez-Perez died from the injury.

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Manning was arrested on suspicion of second-degree murder, but Denver District Attorney Beth McCann declined to bring charges. Manning said he believed the teenagers were gang members and may have been armed. However, he acknowledged in a hearing with the Department of Corrections’ inspector general he did not see any of them with a weapon and they had not shot at him when he opened fire.

Inspector General Sherrie Daigle fired Manning for “conduct unbecoming” that brought “disrepute” to the department, finding Manning did not have a reasonable belief the teenager posed a threat of serious injury or death. She wrote Manning exercised poor judgment in using force that led to a minor’s death, despite his responsibility in the Department of Corrections to assess and teach use of force.

“Importantly, your actions on April 23, 2020 cause me to doubt your judgment and your ability to be a POST certified Law Enforcement Officer employed by the Colorado Department of Corrections,” she wrote.

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Manning appealed his firing, and an administrative law judge reversed inspector general’s decision. She found Manning had shot at the teenagers only when they presented a threat, and that he did not commit misconduct under the Department of Corrections’ policies. Finding the department’s personnel decision groundless meant Manning was entitled to attorney fees and costs.

“And the Department, rather than the ALJ or the Board, has the requisite expertise and authority to determine what constitutes ‘poor judgment’ under the professional standards that it wishes to uphold as a law enforcement agency,” says the decision, “And whether it wants to allow a particular person to instruct others in the use of force, trusts them to carry and deploy a firearm under its authority, and trusts them to evaluate the use of force of others under its policies.”

Another action, this time by the Department of Corrections, brought the case to the Court of Appeals. A three-judge panel decided the administrative law judge analyzed the case improperly when she drew conclusions about Manning’s state of mind and intent without considering whether his actions affected his job performance, brought disrepute onto the Department of Corrections, discredited him as an employee or negatively affected public safety, all included in the department’s definition of “conduct unbecoming.”

The Court of Appeals’ decision orders a new analysis by the administrative law judge, and reverses the award of attorney fees and costs to Manning.

The Attorney General’s office and Department of Corrections declined comment. The Denver Gazette also reached out to an attorney for Manning.

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After the shooting, Manning went on to work as a police officer in Hudson, a town in Weld County. In 2021, according to 9News, he was charged with reckless endangerment for firing on a car while on duty.

Sgt. Kevin Jamison told The Denver Gazette that Manning no longer works for the Hudson police department, but he did not know more details. 

He also faces a wrongful death lawsuit from Mendez-Perez’ family. Court records indicate that case is on hold until January because of pending arbitration over insurance coverage issues.

Colorado’s Peace Officer Standards and Training database indicates Manning is still certified as a peace officer.