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Beating charges latest turmoil in New Orleans

BY JOHN RILEY | STAFF WRITER

October 11, 2005

Three New Orleans police officers pleaded not guilty yesterday to charges of battery less than two days after an Associated Press cameraman was grabbed and shoved while filming their violent arrest of 64-year-old Robert Davis for public intoxication.

Trial was set at a hearing yesterday for Jan. 11. Afterward, officers Lance Schilling, Robert Evangelist and S.M. Smith were released on bond. They left without commenting.

The charges, the latest in a series of upheavals for the beleaguered department since Hurricane Katrina, came as acting Police Superintendent Warren Riley criticized the officers and suspended them without pay, and the Justice Department opened a review of the case. Davis is black, and the three officers are white.

"What is obvious is that our officers used more than the force necessary," Riley said after viewing a videotape that showed two officers hitting Davis repeatedly around the head and kneeing him on the ground. Another officer was filmed grabbing an AP Television News producer, bending him over a car's hood and jabbing him as the officer ordered the crew to leave.

A police spokesman speculated the Saturday night incident might reflect post-Katrina stresses. Almost 250 New Orleans officers are under investigation for deserting during the storm, scores were left homeless and separated from family, and others are under scrutiny for looting and for commandeering Cadillacs from a dealership during Katrina. Police chief Eddie Compass resigned two weeks ago.

"Our police officers are working under some very trying times," said Capt. Marlon Defillo. "So it's a difficult time, but it doesn't excuse what our jobs are supposed to be."

The tape shows five individuals involved in the altercation on Bourbon Street with Davis and the TV crew, but the Associated Press said two appeared to be "federal officers" helping the police with patrols. Davis, shown bleeding, was booked for public intoxication, resisting arrest, battery on a police officer and public intimidation.

Joseph Bruno, Davis' lawyer, said yesterday Davis was a retired teacher who returned to the city to check on properties he owned, and was out looking for cigarettes. Bruno said Davis was a recovering drug user, but had not used liquor or drugs "for years," was not drunk, and did not resist police.

The incident seemed to reflect a city that still is suffering deep psychological scars and struggling to find traction for a monumental rebuilding task as its leaders hosted President George W. Bush for a meeting and dinner last night in the French Quarter - one of the few sections of the mostly deserted, debris-strewn city that has been cleaned up.

The visit marked the eighth trip to the Gulf Coast since Katrina hit for Bush, who was widely criticized for a stumbling initial response. Last week, New Orleans laid off half its work force after federal and state officials refused budgetary help.

Bush spent the night at a French Quarter hotel, and today will travel to nearby Covington, La.

This story was supplemented with an Associated Press report.