October 11, 2005

ROBERT DAVIS: I WAS SOBER


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 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. Hhe 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 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.

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 all said they do not believe race was an issue. "He does not see it as a racial thing," said Davis' lawyer, Joseph Bruno.

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.




WHAT DO YOU THINK? DO YOU THINK RACE WAS AN ISSUE? OR JUST OVER-ZEALOUS COPS STRESSED AFTER A MAJOR CATASTROPHE?


2 comments:

Anonymous said...

I would say it was racial. "Stressed Out" is not an excuse. Police are supposed to be trained in ALL stressful situations and handle them with aplomb. Obviously racial.

Michelle Says So 2.0 said...

I think this man is purposely not aggravating the situation by refusing to blame race as a motivator. We don't need another L.A. riot situation like Rodney King.

"Why can't we all just get along?"