Robert Davis (New Orleans)

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Robert Davis (b. 1941) is a retired elementary school teacher and resident of New Orleans who was detained and arrested by four police officers on October 9, 2005 on suspicion of public intoxication. Davis has denied intoxication, he resisted arrest by failing to allow himself to be handcuffed. The officers subsequently beat Davis during the arrest, which was filmed by the members of the Associated Press.

Davis is an African American and the two officers who beat him (while two others held him down) are white, adding to the controversy. Davis, who has been charged with public intoxication, resisting arrest, battery, and public intimidation, plead not guilty on October 12.[1] The officers have also been charged with battery and are accused of using extreme force.[2] Recalling an incident in 1980, Davis says after a night of drinking, he woke up the next morning with no memory of how he came home and discovered his car had two flat tires.^[3] Davis claims that since then, "I haven't drank in 25 years."

Davis said he returned to view and possibly rebuild his family's six properties that were destroyed by Hurricane Katrina. He went out during the night to buy cigarettes in the French Quarter and asked a mounted officer when a curfew would go into effect that night.[4]

"This other guy interfered and I said he shouldn't. 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." (Davis) During the trial, Davis apparently made claims that the officer uttered a racial epithet during the arrest.[5]

The police union and a lawyer for the accused officers challenge Davis' version of the events. According to their account, a drunken Davis walked into a police horse while asking about the curfew, and belligerently resisted officers who confronted him.

As Davis was arrested, Associated Press producer Rich Matthews was jabbed in the stomach and shoved into a police cruiser by a third officer who shouted, "I've been here for six weeks trying to keep fucking alive. Fucking go home."^[6] Officers Lance Schilling, Robert Evangelist, and S.M. Smith were released on bond after appearing before a judge to make their not guilty pleas.

The policemen's trial has been set for January 11, 2006. Davis' trial is scheduled to begin January 18.[7] The police chief in charge of the investigation, Warren Riley, is also an African American and claimed that he did not believe race was an issue in the beating.[8]

Davis' mugshot shows stitches beneath his left eye and a bandaged left hand, and sustained injuries. On October 12, 2005, Davis revisited the site saying, "Is that my blood? It must be. I didn't know I was bleeding that bad."

On December 21 Stuart Smith was suspended for 120 days and Robert Evangelist and Lance Schilling were fired for their participation in the beating.[9]

It should be noted that although the video shows four "officers" involved in the beating, two of them were not New Orleans police officers. They were federal agents, and curiously, they were neither indicted nor investigated by their parent agency for their involvement in the incident. Stuart Smith was the officer shown assaulting the AP producer.

Charges against Davis were dropped in April 2006. Two of the agents involved in the incident were FBI agents, and it was unclear whether they would be asked to testify in the case.

One of the officers charged (Lance Schilling) was found dead on June 10, 2007, from a "gunshot wound to the roof of the mouth" that was apparently self-inflicted.[10]

But, on July 24, 2007, Officer Robert Evangelist was cleared of all charges by Judge Frank Marullo, who was later quoted in reference to the trial, "I didn't even find this a close call." The deciding factor was the video evidence that showed Davis struggling for several minutes while police tried to detain him. "This event could have ended at any time if the man had put his hands behind his back," the judge concluded.[11]

[edit] Notes

^ Verhovek, Sam Howe. (October 12, 2005). "Man in Video Beating Baffled by Incident". Los Angeles Times, p. 14.
^ Mount, Harry. (October 11, 2005). "New Orleans police beat up black man Force's poor reputation sinks lower as TV crew films assault". Daily Telegraph, p. 15.
Finch, Susan. (November 18, 2006). "Ex-N.O. police to face trial in beating; Officers caught on video in Quarter". New Orleans Times-Picayune, p. 8.