Press Releases

12/22/05

Two New Orleans cops fired, one suspended in post-Katrina taped beating case

By MARY FOSTER
Associated Press Writer

NEW ORLEANS (AP) -- A union official vowed to fight the firings of two police officers accused in the beating of a man in the French Quarter shortly after Hurricane Katrina.

The Oct. 8 beating of 64-year-old Robert Davis was photographed and videotaped by The Associated Press. Two officers, Robert Evangelist and Lance Schilling, were fired Wednesday and a third, Officer Stuart Smith, was suspended for 120 days.

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

The confrontation renewed longstanding allegations of racism, brutality and corruption in the New Orleans Police Department. The three officers are white, and Davis is black. Davis said he does not believe race was an issue in the beating.

Evangelist and Schilling were accused of battery against Davis. Smith was accused of battery against a reporter. All three officers had been suspended without pay since the incident. They have pleaded not guilty to the charges and face trial Jan. 11.

The officers' lawyer, Frank DeSalvo, has said that the video does not tell the entire story.

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

A federal civil rights investigation also was launched.

Davis' attorney, Joseph Bruno, did not return a call for comment.

The officers' lawyer said the department rushed the firings. Ordinarily, said DeSalvo, a dismissal occurs only after an officer has been tried on criminal charges.

"They never thought they'd get a fair shake from this department," DeSalvo said. "The guys fully expected what happened to happen."

Police Superintendent Warren Riley maintained that the matter was handled fairly through an internal administrative hearing.

"The information from that hearing and testimony as well as the video led us to believe we made the appropriate decision in terminating those two officers," Riley said. "The New Orleans Police Department at no time will tolerate our officers disrespecting or abusing citizens."