Justice Department Opens Civil Rights Probe After Taped Beating

NEW ORLEANS, Louisiana (AP) October 11, 2005 — Three New Orleans police officers Monday pleaded not guilty to charges of battery in the videotaped beating of a 64-year-old man, as federal officials opened a civil rights investigation into the incident.

Portions of the arrest were captured on videotape by two news organizations. CNN footage showed the man, Robert Davis, lying on a sidewalk with his head and shirt soaked in blood.

Davis, a retired teacher, was treated and released after the incident. He is scheduled to appear in court Tuesday on an array of charges, including public intoxication, battery on a police officer and resisting arrest.

His defense attorney, Joseph Bruno, told CNN his client had not "touched a drop" of alcohol Saturday night before the beating.

The three officers charged in the incident — Lance Schilling, Robert Evangelist and S.M. Smith — were released on bond after appearing before a judge to make their pleas.

All three have been suspended from duty without pay, and a trial was set for January.

Police Chief Warren Riley vowed to take "decisive action once we gather all the facts."

Davis is black; the three officers involved are white.

The Justice Department said Monday that a civil rights investigation had been opened in the case.

FBI agents will work alongside the New Orleans Police Department's Office of Internal Affairs, said FBI spokesman Stephen Kodak.

Riley, who is black, played down the role of race in the incident.

"There is no evidence to prove this was race-related," said Riley, adding that he does not think there is a problem with race within the department.

The Police Association of New Orleans said the three officers were "upset they were suspended."

"They thought their actions were justified given the circumstances that were at hand," said union spokesman Lt. David Benelli. "They thought there should have been a full investigation before they were basically issued a summons and arraigned."

Caught on tape

In an interview with CNN, Bruno said Davis had returned to New Orleans to check on two pieces of property he owned in the city's flooded 9th Ward.

Davis was in the French Quarter Saturday and had stopped to ask a police officer on horseback about the city's curfew.

According to Bruno, a second officer approached and "apparently said some ugly things to my client. And my client said, 'I think that's unprofessional.'"

Davis then finished his conversation and began walking across the street, Bruno said.

"As he was walking across the street, he was struck from behind, and that's when the altercation began."

An Associated Press photographer captured video of the incident, which took place at 9 p.m. outside a bar in the French Quarter.

The video showed two police officers apparently trying to arrest Davis. Another officer on horseback maneuvered his horse, partially blocking the photographer's view.

But the photographer managed to get more footage, in which the officers appear to punch Davis — including several blows to the head. His head also appeared to hit a wall.

Later in the video, four men — two clearly uniformed police — pushed Davis to the ground, placed him in a headlock and apparently tried to handcuff him. One can be seen hitting Davis two more times.

He said Davis is a reformed addict who has been clean for years.

"[Police] had the opportunity to take blood or do a Breathalyzer if it were a serious allegation," Bruno said. "They chose not to do this."

Bruno said they would likely file a civil suit, but under the "best" scenario his client could "break even" due to the limited nature of punitive damages under Louisiana law.

Producer manhandled

The video also showed the officer who identified himself as S.M. Smith pushing an AP television news producer on the scene and leaning him backward against a car, pointing a finger in his face.

In a profanity-laden tirade, the officer said, "I've been here for six weeks trying to keep myself alive. ... Go home."

A CNN photographer also recorded video from part the incident. Davis could be seen covered in blood, with his arms bound behind his back.

When he tried to turn from his stomach onto his back, officers several times used their feet to prevent him from turning over. He ultimately propped himself against a fire hydrant and appeared to have suffered head wounds.

Riley emphasized that the incident needs to be investigated before final conclusions are made.

In an interview Monday with CNN, Riley said the three officers used "force that was beyond what was necessary in this incident, based on the video."

But he added, "If the evidence shows that they were following policy and procedure, we will not be taking such punitive-type action."

The incident also put an already stretched police force under further scrutiny.

Since Hurricane Katrina hit August 29, hundreds of officers have walked off the force, others have been accused of looting and some of those who remain lost nearly everything in the storm but continue to work long hours.

The chief added that most of the police force has conducted itself heroically since Katrina and that they will continue to do so — an assessment that Bruno and his client agreed with.

"[Davis] does not indict the New Orleans police department. He, like the rest of us, are incredibly grateful for the heroic action that most of the officers" have done since Katrina, Bruno said.

At the same time, he said his client doesn't want to return to the city. "It scarred him."