Settlement

The city of New Orleans has agreed to a settlement of an undisclosed amount with Robert Davis. After he was beat, stomped and kicked bloody in the streets of the French Quarter several weeks after Hurricane Katrina, Davis sued the city and the police officers responsible. U.S. District Judge Martin Feldman dismissed some of the claims Davis filed against the city, but refused to throw out the entire case against the city or dismiss former New Orleans police officer Robert Evangelist as a defendant.

Evangelist and other police officers were accused of using excessive force while arresting Davis on Oct. 8, 2005. The beating was filmed by an Associated Press Television News crew covering the aftermath of the hurricane.

Davis, then 64, was in town checking on property he owned. He heard there was a curfew, so he stopped to ask a police officer on Bourbon Street about the curfew. Davis claimed Evangelist intervened and slammed him against a wall, where he was kicked and beaten. Evangelist claimed Davis seemed disoriented and elbowed him in the chest when he approached him. "The video of the incident is chilling," Feldman wrote in his ruling. "While Evangelist states in his deposition that he never hit Davis in the head ... the video at best is clear on a central point: Davis was kicked (and) beaten by one or more police officers."

Trial was set to begin today. "It was a situation wherein it was in the best interests of all parties to resolve this matter," said Franz Zibilich, an attorney for the city.

Yep. I guess so........

Robert Evangelist Cleared of Charges

Former New Orleans police officer Robert Evangelist, accused in the beating of Robert Davis, was cleared of all criminal charges today by Judge Frank Marullo. "I didn't even find this a close call," Marullo declared. The decisive factor was the video evidence that showed Davis struggling for several minutes while police beat him. "This event could have ended at any time if the man had put his hands behind his back," the judge concluded. Robert Evangelist elected to have his case heard by Marullo, without a jury. He pleaded not guilty to second degree battery and false imprisonment. Marullo acquitted him of both counts.

Franz Zibilich, Evangelist’s primary attorney, declared his client “acted appropriately and well within police standards.”

Lance Schilling, another NOLA police officer accused in the same incident, blew his brains out before standing trial.

Stuart Smith, a third New Orleans police officer, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo dismissed that charge. Smith served a 120 day suspension and remains on the New Orleans police force.

New Orleans.......recovering as expected.

Lance Schilling Dead

Lance Schilling, a former New Orleans police officer indicted for the videotaped beating of Robert Davis on Boubon Street has apprently taken his own life. Schilling was found Sunday in a suburban Metairie home. An autopsy showed he died of a gunshot wound to the roof of the mouth, Jefferson Parish coroner's office said.

Schilling's attorney, Franz Zibilich, said he was saddened by his client's death. He said he believed the suspected suicide had no connection to the pending trial, which had been set for June 29, 2007. The former officer faced five years behind bars if convicted of second-degree battery.

Update on the Robert Davis Beating

On October 8, 2005, Robert Davis was videotaped being beaten by Robert Evangelist and Lance Schilling. Robert Davis was a private citizen in New Orleans checking on his property after hurricane Katrina. He asked a police officer about the curfew, since he did not want to violate it. Robert Evangelist and Lance Schilling were New Orleans police officers. They beat Mr. Davis until he lay bleeding into a French Quarter gutter.

Mr. Davis, a retired school teacher testified for over an hour in a grand jury indictment of three officers involved in his beating. Officers Robert Evangelist, 36, and Lance Schilling, 29, were charged with second degree battery against Mr. Davis, punishable by up to five years in prison. Evangelist was also indicted on a charge of false imprisonment, which carries a 10-year maximum prison term. Previously, the officers had each been issued a municipal summons for simple battery. While both battery charges are defined as the intentional use of force or violence, second-degree battery is committed "when the offender intentionally inflicts serious bodily injury" involving "unconsciousness, extreme physical pain or protracted and obvious disfigurement," according to state law. Officer Stuart Smith, 50, was charged with battery against a reporter. When a AP reporter held up his credentials, Smith grabbed him, jabbed him in the stomach and delivered a profanity-laced tirade. District Attorney Eddie Jordan declined to say whether he showed the video to the grand jury, but he called it "very important" evidence. When asked if the false imprisonment charge meant that Davis should not have been arrested, Jordan said that would be "a fair inference." Jordan went on to say the indictments "send a clear and unmistakable message that lawlessness will not be tolerated, whether by civilians or law enforcement officers."

The videotape shows an officer hitting Davis at least four times on the head. Davis twisted and flailed as he was dragged to the ground by four officers. One officer kneed Davis and punched him twice. The video also shows two FBI agents joining the police in beating Davis. Their role is being investigated by federal officials.

"Without this videotape, I'm sure this case would be swept under the rug," said Davis' attorney, Joseph Bruno. Davis has pleaded not guilty to charges of public intoxication, resisting arrest, battery on a police officer and public intimidation. His lawyer said this week he expects the charges will be dropped.

Evangelist and Schilling were fired after the beating. Smith was suspended but remains with the New Orleans police force.

Frank DeSalvo, attorney for the officers, claims the indicted officers used necessary force when arresting Davis. "For them to come up with these charges does more to undermine law enforcement than half the criminals running around the streets," DeSalvo said. "It's terrible, and we're going to fight it. They served up this mess, and we're going to make them eat it."

This dish is sounding like etouffee, and it looks like the roux is just about right........

Update on the Robert Davis Beating

On October 8, 2005, a man was beaten until he was laying on the ground, his blood running into the gutter at the intersection of Bourbon and Conti Streets in New Orleans, Louisiana. Law enforcement, although present, did not intervene to prevent this from occuring. Law enforcement provided the beating. On film.
Shortly after the incident, the three officers involved were arrested and suspended. Their lawyer, Frank DeSalvo claims the officers used reasonable force.

Today, Interim Police Superintendent Warren Riley announced the firing of officers Robert Evangelist and Lance Schilling in connection with the beating. Officer Stuart Smith was suspended for 120 days for roughing up an Associated Press producer who filmed the brutality.
The New Orleans police union disagreed with the decision and plans to appeal it to the Civil Service Commission, said Police Association of New Orleans president Lt. David Benelli. "This case became highly publicized through the media," Benelli said. "In light of the worldwide media frenzy these officers were placed under, it was impossible for them to receive a fair investigation."

So, let me get this straight. These thugs beat a man until he is unconscious and bleeding into the gutter, assault a member of the press who is filming their activity, and then want to blame their misfortune on the tape? Yeah right.

Evangelist and Schilling now face assault and battery charges. No word is available on the federal agents who assisted the NOPD in the beating.

The Robert Davis Beating

Hooligans on Bourbon Street

On October 8,2005, a man was beaten until he was laying on the ground, his blood running into the gutter at the intersection of Bourbon and Conti Streets in New Orleans, Louisiana. Law enforcement, although present, did not intervene to prevent this from occuring. Law enforcement provided the beating. On film.

Robert Davis was interviewed on our local news channels tonight. Shockingly, he does not blame the police officers, and states he believes this matter is not racially motivated. He believes the way he was dressed, in a white T-shirt and shorts with grey whiskers on his face made him look like a homeless person. He stated he may have had cigarette smoke on his breath, but no alcohol, and is sure the ER physician who attended him will acquit him of any charges that he was drunk from his bloodwork. I have to say that Mr. Davis is a gentleman of the highest order. His response is so unlike that of Rodney King, that he will prevail in this matter.

Some are saying the NOPD is operating under a great deal of stress. Excuse me. They are living on a cruise ship, working 12 hour days, five days a week. They are having to share cabins. To say these conditions are arduous is laughable to any man who served in the US Navy. Mr. Davis had recently returned to New Orleans from Atlana to check on property he owns. He and his family has been under a great deal of stress if anyone was. Operating under stress, assuming it is even present, does not give law enforcement license to beat citizens.

Mr. Davis asked a mounted policeman about the curfew time. Then another policeman smarted off to him, and Mr. Davis asked to be left alone. Mr. Davis turned to leave. For that he was beaten to the ground and falsely accused of public drunkeness, and the police had the audacity to suppress and rough up a journalist who filmed their criminal activity and now they want to justify it all. There is something very very wrong here, and it is NOT a black man with whiskers asking a mounted policeman about a curfew!

I usually give the police the benefit of the doubt. In this case, that is very difficult.
I have to say, as inflammatory as the statement may be, that this kind of uncalled for attack on a man's physical safety and life is exactly why many law abiding citizens carry a gun. I wonder..........If these attackers had not been cops, but Cripps, and Mr. Davis had pulled his Glock out and ventilated a couple of skulls, would he be held at fault? If not, then why are the police any different when they commit the same act?

The NOPD has still not dropped the Public Drunk charges against Mr. Davis, evidence that the NOPD is standing behind it's officers. The attorney for the accused police officers has deemed Mr. Davis' beating "reasonable."

Some events elicit righteous anger and demand powerful statements of universal condemnation. When law enforcement fails to enforce laws to the point that law abiding citizens lay bleeding into a gutter, the public must demand justice. The beating of an old man in Vieux Carre, like the CHP attack on an old woman in New Orleans, are just such incidents. This is not police bashing. It's simply a civilized response to uncivilized conduct. Justice was demanded for much less in Abu Ghraib. Who cries for justice in New Orleans?

Update