NO: Police suspended for alleged beating arrest

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Police suspended for alleged beating arrest
TV news producer beaten while recording

NEW ORLEANS, Louisiana (AP) -- Two New Orleans police officers repeatedly punched a 64-year-old man accused of public intoxication, and another city officer assaulted an Associated Press Television News producer as a cameraman taped the confrontations.

There will be a criminal investigation, and the three officers were to be suspended, arrested and charged with simple battery Sunday, Capt. Marlon Defillo said.

"We have great concern with what we saw this morning," Defillo said after he and about a dozen other high-ranking police department officials watched the APTN footage Sunday. "It's a troubling tape, no doubt about it. ... This department will take immediate action."

The assaults come as the department, long plagued by allegations of brutality and corruption, struggles with the aftermath of Hurricane Katrina and the resignation last month of Police Superintendent Eddie Compass.

The APTN tape shows an officer hitting the man at least four times in the head Saturday night as he stood outside a bar near Bourbon Street. The suspect, Robert Davis, appeared to resist, twisting and flailing as he was dragged to the ground by four officers. One of the four then kneed Davis and punched him twice. Davis was face-down on the sidewalk with blood streaming down his arm and into the gutter.

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

"I've been here for six weeks trying to keep ... alive. ... Go home!" shouted the officer, who later identified himself as S.M. Smith.

Police said Davis, 64, of New Orleans, was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation. He was treated at a hospital and released into police custody.

"The incidents taped by our cameraman are extremely troubling," said Mike Silverman, AP's managing editor. "We are heartened that the police department is taking them seriously and promising a thorough investigation."

Davis, who is black, was subdued at the intersection of Conti and Bourbon streets. Three of the officers appeared to be white, and the other is light skinned. The officer who hit Matthews is white. Defillo said race was not an issue.

Three of the five officers -- including Smith -- are New Orleans officers, and two others appeared to be federal officers. Numerous agencies have sent police to help with patrols in the aftermath of Katrina.

Under normal circumstances, it takes unusually offensive behavior to trigger an arrest on Bourbon Street. But New Orleans police have been working under stressful conditions since the hurricane.

Officers slept in their cars and worked 24-hour shifts after the storm. Three-quarters lost their homes and their families are scattered across the country.

"Our police officers are working under some very trying times," Defillo said. "So it's a difficult time, but it doesn't excuse what our jobs are supposed to be."

Many officers deserted their posts in the days after Katrina, and some were accused of joining in the looting that broke out. At least two committed suicide.

Conditions have improved -- officers now have beds on a cruise ship -- but they don't have private rooms and are still working five, 12-hour days.

Compass, the police superintendent, resigned September 27. Despite more than 10 years of reform efforts dating to before he took office, police were dogged by allegations of brutality and corruption.

On Friday, state authorities said they were investigating allegations that New Orleans police broke into a dealership and made off with nearly 200 cars -- including 41 new Cadillacs -- as the storm closed in.

http://www.cnn.com/2005/US/10/09/taped.beatings.ap/index.html
 
I've seen this video and it's appauling! I"m ashamed for Law Enforcement. This is another wakeup call that there is corruption in law enforcement.
 
Turns out the poor bloody fellar had years of sobriety and hand't been drinkin' at all! It is just DREADFUL! And as far as corruption, well, that's at every level!!!
 
I found it sardonically amusing how the cop on horseback attempted to shield the attackers from being filmed.
 
They deserve worse then the punishment they are going to get. When you are entrusted with power in order to keep society stable I think there should be greater consequences if you abuse it. I can't believe they would do that to that poor man. Absolutely terrible.
 
I get a kick out of all the statements that are being made about this.

Some senior officer from NOLA is heard saying that they take that sort of thing seriously but that the investigation hasen't been finished yet and the tape may not be the whole story....

The justice dept is "investigating" whether or not federal officers "were involved"....

Then, the real funny part was when the 3 officers (including Officer Smith) pleaded not guilty even though they had been caught on tape doing bad things. (yes they have that right but it seems sort of stupid given the existence of the tape. Plausible deny-abilty to the end I guess.)

NOLA law enforcement is corrupt. It's being run by people who have no desire to fix the problem since the problem is what gives them status (and a job) in the first place. Our Federal law enforcement is also corrupt (remember the "jack booted thugs" comments a few years ago? Nothing has changed since then.). The justice system is also corrupt when it gives deference to cops who "testi-lie" repeatedly, punishes innocents "because they must have been guilty of something" and other nefarious acts just as bad.

What we see in NOLA is a Real-TV version of the problems that our society has sucessfully concealed up to this point. Our dirty laundry so to speak. And we are shocked at what we are witnessing.
 
On the imfamous tape...

I know what the tape showed. I just hope we eventually get presented all the facts. If it turns out the LEOs involved over stepped their bounds I have confidence that the PD will "police" their own so to speak. In the mean time I'm personally willing to cut the NOPD some slack. Their senior leadership problems are a matter of public record.
 
Some senior officer from NOLA is heard saying that they take that sort of thing seriously but that the investigation hasen't been finished yet and the tape may not be the whole story....
The mounted cop knew that what was happening was something to be ashamed of, which is why he tried to block the cameraman with his horse. I suspect that the whole story is much worse than what's on the tape.
 
New Orleans Beating Victim: I Was Sober
Tuesday, October 11, 2005


•Man Beat by N.O. Police Found Not Intoxicated or Resisting Arrest. Camera Catches Cops Allegedly Beating

NEW ORLEANS — A retired elementary teacher who was repeatedly punched in the head by police in an incident caught on videotape said Monday he was not drunk, put up no resistance and was baffled by what happened.

Robert Davis (search) said he had returned to New Orleans to check on property his family owns in the storm-ravaged city, and was out looking to buy cigarettes when he was beaten and arrested Saturday night in the French Quarter (search).

Police have alleged that the 64-year-old Davis was publicly intoxicated, a charge he strongly denied as he stood on the street corner where the incident played out Saturday.

"I haven't had a drink in 25 years," Davis said. He had stitches beneath his left eye, a bandage on his left hand and complained of soreness in his back and aches in his left shoulder.

A federal civil rights investigation was begun in the case. Davis is black; the three city police officers seen on the tape are white.

But Davis, his attorney and police spokesman Marlon Defillo (search) all said they do not believe race was an issue.
"He does not see it as a racial thing," said Davis' lawyer, Joseph Bruno.

Two city officers accused in the beating, and a third officer accused of grabbing and shoving an Associated Press Television News producer who helped document the confrontation, pleaded not guilty Monday to battery charges.

Trial was set at a hearing Monday for Jan. 11. Afterward, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond. They left without commenting.

Police Superintendent Warren Riley (search) said any misconduct would be dealt with swiftly. He noted the video showed "a portion of that incident."

"The actions that were observed on this video are certainly unacceptable by this department," Riley said.

Two other officials in the video appeared to be federal officers, according to police. Numerous agencies have sent officers to help with patrols in the aftermath of Katrina.

Stephen Kodak, an FBI spokesman in Washington, said none of its agents had been disciplined. He said the FBI was taking part in the Justice Department's civil rights probe.

Davis said he had been walking in the French Quarter and approached a mounted police officer to ask about the curfew in the city when another officer interrupted.

"This other guy interfered and I said he shouldn't," Davis said. "I started to cross the street and — bam — I got it. ... All I know is this guy attacked me and said, 'I will kick your ass,' and they proceeded to do it."

He said he did not know why the punches were thrown.

The confrontation came as the New Orleans Police Department (search) — long plagued by allegations of brutality and corruption — struggles with the aftermath of Katrina.

The APTN tape shows an officer hitting Davis at least four times in the head outside a bar. Davis twisted and flailed as he was dragged to the ground by several officers. Davis's lawyer said his client did not resist.

"I don't think that when a person is getting beat up there's a whole lot of thought. It's survival. You don't have a whole lot of time to think when you're being pummeled," Bruno said.

Davis was kneed and pushed to the sidewalk with blood streaming down his arm and into the gutter. The officers accused of striking Davis were identified as Schilling and Evangelist.

Mayor Ray Nagin said, "I don't know what the gentleman did, but whatever he did, he didn't deserve what I saw on tape."

During the arrest, another officer, identified as Smith, ordered APTN producer Rich Matthews and a 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.

Police said Davis was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation.

The head of the New Orleans police union said the officers told him they had acted appropriately.

"They feel they were justified in their actions and they were using the amount of force necessary to overcome the situation," Lt. David Benelli told WDSU in New Orleans.

Fox News
 
I don't know what went down prior to the three officers attempting to take Mr. Davis into custody, so I'll suspend judgment until I know more.

However, grabbing the TV producer and laying him over the hood of a car is without a doubt way over the line. Most mediacritters are vermin, but that doesn't mean you can just lay hands on them because they refuse to stop doing their jobs.
 
Our police officers are working under some very trying times

You know, Excuse me. I have a boy in Iraq that puts up with mortars weekly 10 just the other day with causalities, roadside bombs, firefights with insurgents who don’t wear uniforms. In Vietnam I put up with mortars, people planting bicycle bombs where we congregated, rebels without uniforms, a 16 year old girl working on our base spotting for the enemy and I NEVER hurt a Vietnamese who didn’t deserve it and you know what? I would bet my boy would not either. We are sending soldiers to prison for offenses less than this. Using the amount of force necessary to overcome the situation? Sorry that a crock. And you know what. They were suspended without pay Sunday. I doubt they will cover this one up.

This is not meant to bash anyone, The facts as we have them now does not look good for these officers.
 
"Most mediacritters are vermin..."

Why thank you. I enjoy being categorized as vermin...

Just how many people in the working media do you know?
 
Our police officers are working under some very trying times
You know, Excuse me. I have a boy in Iraq...
+1

These cops are not the only ones in NO to have lost their homes and their possessions, nor are they the only folks who are under a lot of stress or working long hours.

It'll be interesting to see how this one shakes out...

~Dan
 
There is new evidence that Davis is an ex-junkie and alcoholic. Is it possible that he simply had a flashback? He may not remember his actions.
 
"I haven't had a drink in 25 years,"
Possibly a recovering alcoholic with 25 years of sobriety? Maybe in AA because he would not devulge the details when asked by the press. I didn't hear anything about drugs.

Time will tell.
 
There is new evidence that Davis is an ex-junkie and alcoholic. Is it possible that he simply had a flashback? He may not remember his actions.
His lawyer said that. He also said that Mr. Davis has been straight and hasn't had a drink for 25 years.

~Dan
 
Robert Davis was interviewed on our local news channels tonight.

He does not blame the police officers, and states this matter is not racially motivated. He believes the way he was dressed, in a white T-shirt and shorts with grey whiskers on his face made him look like a homeless person. He stated he may have had cigarette smoke on his breath, but no alcohol, and is sure the ER physician will acquit him of any charges that he was drunk from his bloodwork. I have to say that Mr. Davis is a gentleman of the highest order. His response is so unlike that of Rodney King, that he will prevail in this matter.

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As far as the stress the police are operating under..........Mr. Davis had recently returned to New Orleans to check on his property that was wiped out. He and his family has been under a great deal of stress as well. Operating under stress does not give law enforcement license to beat citizens. Mr. Davis asked a mounted policeman about the curfew time. Then another policeman smarted off to him, and Mr. Davis asked to be left alone. For that he was beaten to the ground and falsely accused of public drunkeness, and the police had the audacity to try to justify it and suppress and rough up a journalist who filmed their criminal activity. There is something very very wrong here, and it is NOT a black man with whiskers asking a mounted policeman about a curfew!

I usually give the police the benefit of the doubt. In this case, that is very difficult. Beaten New Orleans Man Revisits Scene
NEW ORLEANS (AP) -- Robert Davis stood at the corner of Bourbon and Conti streets in the French Quarter and stared in disbelief at the brown stain on the sidewalk.

"Is that my blood? It must be," said the 64-year-old retired elementary schoolteacher, who was arrested and repeatedly punched by police over the weekend. "I didn't know I was bleeding that bad."

The confrontation, captured on videotape and broadcast across the country, has put another unwanted spotlight on the beleaguered, exhausted police force in this storm-struck city.

Three officers pleaded not guilty to charges stemming from the incident and the U.S. Justice Department opened a civil rights investigation.

Davis disputed contentions by police that he had been drinking.

"I haven't had a drink in 25 years," Davis said Monday. "I didn't do anything. I was going to get a pack of cigarettes and taking my evening constitutional."

The two city police officers accused in the beating, and a third accused of grabbing and shoving an Associated Press Television News producer who helped capture the encounter on tape, pleaded not guilty to battery charges and were released Monday.

After a hearing, at which trial was set for Jan. 11, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond. They left without commenting. They were suspended without pay Sunday.

Davis says even though police accuse him of public intoxication, he hadn't been drinking.

Police Superintendent Warren Riley said any misconduct found in an investigation would be dealt with swiftly. He noted the video showed "a portion of that incident."

"The actions that were observed on this video are certainly unacceptable by this department," Riley said.

Davis is black; the three city police officers seen on the tape are white. But Davis and police officials have said they don't believe race was a factor.

Two other officials in the video appeared to be federal officers, according to police. Numerous agencies have sent officers to help in the aftermath of Hurricane Katrina, and police spokesman Marlon Defillo said it would be up to their commanders to decide if they would face charges.

Davis had stitches under his swollen left eye, a bandage around a finger and complained of aches in his left shoulder and soreness in his back. His lawyer said he suffered fractures to his cheek and eye socket.

The confrontation came as the New Orleans Police Department - long plagued by allegations of brutality and corruption - struggles with the aftermath of Katrina and the resignation last month of Police Superintendent Eddie Compass.

Davis said the confrontation began after he had approached a mounted police officer Saturday to ask about curfews in the city when another officer interrupted.

"This other guy interfered and I said he shouldn't," Davis said. "I started to cross the street and - bam - I got it. ... All I know is this guy attacked me and said, 'I will kick your ass,' and they proceeded to do it."

The APTN tape shows an officer hitting Davis at least four times in the head. Davis appeared to resist, twisting and flailing as he was dragged to the ground by four officers. Davis' lawyer, Joseph Bruno, said his client did not resist police.

Another officer also kneed Davis and punched him twice. Davis was pushed to the sidewalk with blood streaming down his arm and into the gutter. The officers accused of striking Davis were identified as Schilling and Evangelist.

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

Davis had returned to New Orleans over the weekend from Atlanta to inspect six properties owned by members of his family, intending to clean them up or figure out how to rebuild them. He's no longer sure he'll return permanently to the city he's called home for 28 years.

"That's up in the air. The chaos that's here - I don't know," he said.

---

Associated Press writer Rachel LaCorte contributed to this report

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There is new evidence that Davis is an ex-junkie and alcoholic.
Source please. This sounds like a feeble attempt by a defense attorney to discredit the victim of a crime so the criminals can walk free. Please give a source for this tidbit.
 
All officers involved need to be in jail, I would be if I had been a party to a beating like this.

I dont want to hear about the stress LE is under all the time, dont want to hear that NOPD is stressed out. Do the job, do it right, or find another line of work. This should not be tolerated. If these officers do not do jail time, pay for what the did, it speaks volumes. Volumes as loud as the confiscations that happened in NO.
 
Two other officials in the video appeared to be federal officers, according to police.
Oh where, oh where has the Constitution gone
Oh where, oh where could it be?
Federal police beating people in the streets
Move along folks, nothing to see.
 
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