N.O. Police Fired After Man's Beating

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We all remember this incident on video. Here is an update:


N.O. Police Fired After Man's Beating

Wednesday, December 21, 2005

NEW ORLEANS — Two officers were fired Wednesday for a beating in the French Quarter shortly after Hurricane Katrina that was photographed and videotaped by The Associated Press. A third officer was suspended.

A union official vowed to fight the firings of officers Robert Evangelist and Lance Shilling for their role in the beating of 64-year-old Robert Davis. Officer Stuart Smith was suspended for 120 days.

Davis is black; the three officers are white.

Evangelist and Schilling were accused of battery on Davis. Smith was accused of battery of a reporter.

The New Orleans police union disagreed with the decision and plans to appeal it to the Civil Service Commission, said police association president Lt. David Benelli.

"This case became highly publicized through the media," Benelli said. "In light of the worldwide media frenzy these officers were placed under, it was impossible for them to receive a fair investigation."

After seeing the video of the beating, police superintendent Warren Riley called the officers' actions unacceptable — comments Benelli said interfered with their ability to get a fair investigation by the police internal affairs division.

The officers' attorney, Frank DeSalvo, did not return calls made to his answering service, nor did Davis' attorney Joseph Bruno.

DeSalvo has said that the video of the confrontation does not give the whole story.

All three officers had been suspended without pay since the incident. They have pleaded not guilty to the charges and face trial Jan. 11.

Davis, a retired elementary school teacher who returned to the storm-struck city to check on his properties, said he was searching for cigarettes in the French Quarter when police grabbed him.

The Associated Press Television News tape shows an officer hitting Davis at least four times on the head. Davis appeared to resist, twisting and flailing as he was dragged to the ground by four officers.

One of the officers kneed Davis and punched him twice. Davis was face-down on the sidewalk with blood streaming down his arm and into the gutter.

Smith ordered APTN producer Rich Matthews and the cameraman to stop recording. When Matthews held up his credentials, the officer grabbed the producer, leaned him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade.

Davis later pleaded not guilty to charges of public intoxication, resisting arrest, battery on a police officer and public intimidation.

The video tape shows two FBI agents, in town to help with post-Katrina patrols, joining the New Orleans police in subduing Davis. Their roll in the incident is being investigated by federal officials.

A federal civil rights investigation also was launched.

http://www.foxnews.com/story/0,2933,179405,00.html

Thats a start. I wont hold my breath on Aggravated Assault charges for these officers.
 
As the reporter says, "The tape doesn't show what happened before all of this..."
The man may well have acted in such a way that force was needed to affect the arrest. Still, with multiple officers performing the take down, I can't see the justification for the punches.
Undoubtedly the officers were under a great deal of stress, and I think the circumstances of this disaster should certainly be weighed in any decision on the officer's actions.
All that said, I just can't help but believe the officer that repeatedly punched the man in the head crossed an important line. I think the officer may have gone beyond reasonable force (needed to affect the arrest) and excessive force.
"With great power comes great responsibility."
Going only by the video, this officer appears to have failed to live up to his responsibilities.
Under the conditions they were facing, I would not like to see criminal charges brought against any of the officers. However careful consideration should be given (IMHO) to the ability of the officer doing the punching to properly perform the duties of a LEO.
 
You don't want criminal charges brought up on these obvious criminals?
What do you think would've happened to you if you were caught on tape beating the crap out of a LEO?
They're no better than your average crackhead.
And pressure my ass. I did the Desert Storm thing with Scuds and bullets flying all over. Not once did I get the urge to beat up an old man. They're just too weak for the job. Obviously can't maintain.
 
You don't want criminal charges brought up on these obvious criminals?
The video I saw only showed one officer punching the man. The others certainly used force, but whether or not the force (excluding the punches) was justified, I can't determine from that tape.

What do you think would've happened to you if you were caught on tape beating the crap out of a LEO?
Nothing good.

They're no better than your average crackhead.
I consider officers that seriously abuse of their power far worse than any crackhead. The question here is did they?
Going only by the video one of the officers appears to have abused his power.

And pressure my ass. I did the Desert Storm thing with Scuds and bullets flying all over. Not once did I get the urge to beat up an old man. They're just too weak for the job. Obviously can't maintain.
Again, going only by the video the officer doing the punching may indeed be unfit. As to the others, maybe or maybe not.
 
The main reason you can't determine it from the tape is that the mounted officer was attempting to block the camera to cover for his criminal coworkers.
 
Good riddance. Both Michigan State and Arizona State Police refused to patrol with LA police after two days due to racism and brutality concerns. I was born, reared and educated in Baton Rouge and I now live in Michigan where I know officers who were in NO after Katrina.

It's a lot worse than many here would feel comfortable knowing. :mad:
 
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