 A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury.
"I didn't even find this a close call," said District Judge Frank Marullo.
Tim Donaghy, is that really you?
Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina. Evangelist, who elected to have his case heard by Marullo without a jury, pleaded not guilty to second-degree battery and false imprisonment. Marullo acquitted him of both counts.
Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes.
What, he wiggled a finger or something? Heinous! The officers' lives were clearly in danger!
"This event could have ended at any time if the man had put his hands behind his back," the judge said.
Hard to think of doing this kind of thing when you're getting your face broken, but who cares?
Evangelist and Lance Schilling were fired after being accused of the beating. Schilling killed himself June 10.
A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler.
What, judge couldn't think of a lesser offense maybe?
Smith served a 120-day suspension and remains on the force.
The officers said Davis, who had returned to New Orleans to check his property, started a confrontation after they stopped him on suspicion of being drunk. Davis, who was booked with public intoxication but never charged, said he hadn't been drinking.
So what if he did? He's obviously not physically violent. Irritating maybe, but not violent.
Davis testified Tuesday that he was headed to buy cigarettes in the French Quarter when he asked a police officer what time a curfew took effect that night. Before the officer could answer, a different officer cut him off, Davis said.
"Those were ignorant, unprofessional and rude officers," Davis recalled saying as he walked away from the policemen.
He's probably right. I've met a few myself. They have more than their share of egomaniacs.
Moments later, an officer grabbed him from behind, threw him against a wall and punched his face, Davis testified. His assailant uttered a racial epithet during the attack, he said.
I suppose the felony takedown for a 60+ year old unarmed nonviolent man is SOP in New Orleans?
"I don't remember very much after that point," Davis said.
| Why the hell not? Other than having your face beaten in, I mean. |
Franz Zibilich, one of Evangelist's attorneys, said his client "acted appropriately and well within police standards."
If this is true, I worry for the future of this country. This is way over the top and beyond comprehension. The only people it might make sense to are judges, lawyers, and defendants with no judgement, reference points, or morals.
| Might be a true statement given the Nawlins po-lice. |
Dr. Frances Smith, who treated Davis at an emergency room, testified that he suffered facial fractures. Davis said he still feels lingering physical effects from the attack.
So does the rest of the US, believe me.
This case has absolutely got to be appealed. I don't care if he was moving, he wasn't on the offensive, and the police could have ended it by simply putting the cuffs on the guy instead of beating his head into the sidewalk. They had absolute control of the situation and decided to criminally aggravate it instead of just cuffing the guy. One guy felt a need to vent and force the guy into total submission and the rest followed suit for some reason. There is a reason that one policeman tried to confiscate that tape. Why don't the police try to confiscate tape in a similar fashion when they are doing something truly heroic? I guess humanity and common sense weren't a part of their training. Or understanding. These guys should be weeded out before they even hit the academy.
This entire situation is a farce from the beginning to the verdict. It's guys like these that don't deserve to wear the blue uniform, and it's judges like these that don't deserve to wear the robe. That this could happen here in the US is mind boggling, and to have a US judge back it up is chilling. There is a problem here and I hope it is taken care of because if the police theoretically could go ape like this and provoke a situation anytime they want and have it stick. Why did they feel the need to slam him to the ground and beat him so hard that all he could do was try to cover himself? By then the guy was just running on instinct and trying to survive - a very natural reaction to a situation that should not exist. I despise societies where the legal system is corrupt and the police do this kind of thing. Now it's developing right here in our own back yard . . . . 
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