Anthony Waller was handcuffed when he appeared before a judge to face domestic violence charges on Sept. 11, 2012.
The hearing was recorded by surveillance cameras and posted online by the Colorado Independent.
In the video, Waller can be heard asking the judge, “The investigation should come first and then the arrest?”
He then looks back and that’s when Deputy Brad Lovingier grabbed Waller by the waist and slammed him head first into a wall.
Waller fell to his knees after the impact and is then dragged out of the courtroom and into a holding cell.
In the video Lovingier can be heard saying “You don’t turn on me,” as the only explanation for his actions.
Waller’s attorney confirmed the video Thursday.
The judge, Doris Burd, promptly filed an internal affairs complaint with the Denver County Sheriff, but the Denver District Attorney’s office declined to prosecute the deputy.
According to Lovingier’s disciplinary case file, a witness called Lovingier’s actions “a little excessive.” Burd described the use of force as “heavy duty.”
The internal affairs investigation lasted more than a year with the division eventually finding that Lovingier violated several department regulations involving use of force. He received a 30-day suspension.
According to the disciplinary order, Lovingier said he used the force because Waller was being aggressive and refused to follow orders. The video appears to contradict that as Waller does not appear to verbally or physically threaten the deputy.
Lovingier is a 12-year veteran of the department and is the son of former Sheriff William Lovingier.
He has appealed the 30-day suspension and the hearing is set for Feb. 20.
FOX31 Denver asked criminal justice professor Joseph Sandoval to review the video. He calls the deputy’s actions excessive and criminal.
“If that had been on the man on street that would have been a crime,” Sandoval said.
Waller does have a lengthily and violent criminal history.
The Manager’s of Safety’s Office declined to comment on the case.
The incident is the latest embarrassment for the Denver Sheriff’s Office. Last year a sheriff’s deputy helped a convicted felon escape from jail and the the city’s independent monitor found that the department failed to investigate dozens of serious allegations of deputy misconduct.