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Beaten Man Denies Being Drunk

By TChris, Section Misconduct
Posted on Mon Oct 10, 2005 at 06:15:08 PM EST
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by TChris

Initial accounts of this beating of a man by police officers in New Orleans reported that the man was drunk and resisting arrest. His lawyer disputes both assertions:

The man, a retired elementary school teacher, had returned to New Orleans only to check on property he owns in the storm-ravaged city, and was out looking to buy cigarettes when he was arrested Saturday night in the French Quarter, the lawyer and the man's father said.

What the police described as resistance may have been a natural response to being beaten.

"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.

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    Beaten Man Denies Being Drunk | 37 comments (37 topical)
    Re: Beaten Man Denies Being Drunk (none / 0) (#1)
    by cpinva on Sat Dec 17, 2005 at 01:04:52 PM EST
    i am going to speculate here, and say that there is no forensic evidence to support the claim that the man was drunk, in public or otherwise. we just have to take it on faith, from the police, that he was. any bets on how quickly the case against him gets dropped? i give it about a two week shelf life, maybe.

    Re: Beaten Man Denies Being Drunk (none / 0) (#2)
    by roger on Sat Dec 17, 2005 at 01:04:52 PM EST
    Funny how cops always charge Batt/LEO when they hurt someone. Not so funny that juries almost always believe the cops in these cases, unless there is video. Cases like this occur daily.

    Re: Beaten Man Denies Being Drunk (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:52 PM EST
    that video was horrific. those cops should be in jail. there was no justifiable reason to beat a 64 year old man down like that. and to say that he was drunk as well? now it's a 64 year old DRUNK man. even better. now it appears that he was doubly implaired! we keep ignoring how dastardly our cops and courts have become- after we gave air time and credence to the cock posturing politicians to impore us to 'get tough on crime!'

    Re: Beaten Man Denies Being Drunk (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:52 PM EST
    .....and this is what we get. damn five men on a 64 year old 'drunk' black man. how sick. hate it when I post too soon.

    Re: Beaten Man Denies Being Drunk (none / 0) (#5)
    by peacrevol on Sat Dec 17, 2005 at 01:04:52 PM EST
    Why does it matter whether this guy was drunk or not? Just a group of bullies with badges that wanted to show how bad they are. Shameful.

    Re: Beaten Man Denies Being Drunk (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:52 PM EST
    I would think that an 'intoxicated' indivdual, especially an elderly man- would be even less of a threat to those officers....

    Re: Beaten Man Denies Being Drunk (none / 0) (#7)
    by roy on Sat Dec 17, 2005 at 01:04:52 PM EST
    If he was drunk, the cops can more easily claim they were initially acting legitimately and lost their tempers. If he wasn't drunk, then it's apparent they were just out looking for trouble.

    Re: Beaten Man Denies Being Drunk (none / 0) (#8)
    by jen on Sat Dec 17, 2005 at 01:04:52 PM EST
    Wow, I'm impressed. Those Nawlins cops sure are tough. It only takes five of them to take on a (maybe drunk) old 60+ year old man. One would think they would need at least 10 minimum, fifteen to be safe.

    Re: Beaten Man Denies Being Drunk (none / 0) (#9)
    by BigTex on Sat Dec 17, 2005 at 01:04:53 PM EST
    Even if, and I'm not passing judgment here, the man was drunk and the cops were simply subduing him until the last couple of hits/kicks, no one here has harped on the reporter getting assaulted by the cops. There is no excuse for that. He wasn't resisting the officers, and wasn't a physical threat. That's a case of the cops knowing they are busted and attempting to save themselves. That's what should be the initial focus. With the drunk guy there's room for the cops to wiggle, with the reporter it's no room at all. Take this case and work it inside out to get the cops.

    Re: Beaten Man Denies Being Drunk (none / 0) (#10)
    by peacrevol on Sat Dec 17, 2005 at 01:04:53 PM EST
    I wonder what officer charley has to say about all this. Where is he?

    Re: Beaten Man Denies Being Drunk (none / 0) (#11)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:53 PM EST
    Note to all posting comments above: Don't ever go to New Orleans and think that you can get away with making comments to them like the ones here. They are notorious for this type of behavior. It is common knowledge in the Big Easy that more than 75% of the time you would rather run into a criminal in the streets than the NOPD. They are worse than the folks they are supposedly protecting you from. Remember the murder for hire and drug dealing they did years previous? Well from all my friends and family that have lived there I was told things never really changed, they just got smarter about hiding their crimes. None of this footage surprised me one bit. Spend some time down there and you'll see the NOPD do stuff like this on a daily basis. It just happened that a TV crew was nearby. I wonder if they were from New Orleans, because most local news crews would have looked the other way.

    Re: Beaten Man Denies Being Drunk (none / 0) (#12)
    by Patrick on Sat Dec 17, 2005 at 01:04:53 PM EST
    Funny how cops always charge Batt/LEO when they hurt someone. Not so funny that juries almost always believe the cops in these cases, unless there is video. Cases like this occur daily.
    No they don't. Not even close. All the brilliant minds at talkleft with all their searching can't find proof it happens daily. I submit that it happens too frequently, as even one instance is too many for my tastes. Roger, This is indicative of issue I take with your posts on threads like this one. Yes, there are bad cops out there, but you try to paint all cops with these accounts. Very rarely do you ever limit your comments to the specific incident, but instead use them as a springboard for sweeping and general condemnation. I know unethical defense attorneys, but I don't think that makes all of them bad. The good ones are just misguided.

    Re: Beaten Man Denies Being Drunk (none / 0) (#13)
    by squeaky on Sat Dec 17, 2005 at 01:04:53 PM EST
    Pat-What do they charge them with, or do they usually just confess to losing their temper and beating an innocent man.
    No they don't. Not even close. All the brilliant minds at talkleft with all their searching can't find proof it happens daily.
    Re: Beaten Man Denies Being Drunk (none / 0) (#14)
    by Sailor on Sat Dec 17, 2005 at 01:04:54 PM EST
    pat, you are a liar, everytime a cop hits a person they charge that person with assault. You know this, it is SOP amongst all cops. It's not 'he said, she said' when it goes to trial, it is the state SWEARS (knowing it isn't true) that 'he resisted arrest.' Even when it is caught on video, and a cameraman and producer are assaulted on tape, liars like pat will say 'oh, you didn't see the whole story.'

    Re: Beaten Man Denies Being Drunk (none / 0) (#15)
    by Patrick on Sat Dec 17, 2005 at 01:04:54 PM EST
    Squeaky, My comment wasn't directed at the incident on point in this thread. If they're bad cops they should go to jail. The point was this doesn't happen every day, and the poster who made that comment cannot back it up even with all the reporting done here. Sailor, You've long since been promoted to the "your opinion is worthless" pile. I thought youd've figured that out by my not engaging you, but seems like I have to spell it out for you. Figures.

    Re: Beaten Man Denies Being Drunk (none / 0) (#16)
    by roger on Sat Dec 17, 2005 at 01:04:54 PM EST
    Patrick, The Sherriff where I live is very corrupt. He even lists payoffs on his ethical disclosure form! I am glad to hear that this doesnt happen WHERE YOU LIVE.

    Re: Beaten Man Denies Being Drunk (none / 0) (#17)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:54 PM EST
    it happens everyday in America. I would much prefer to be deliberately ignorant to it. perhaps I could sleep better at night. the brotheren mentality must be stopped. we need stiff penalties to any public official that is corrupted. the cops, the courts, the whole damn system. the link up there is a former head DA that is now in prison... only the tip of the iceberg in this area up here in WI... and many cover ups continue to this day. use of force by the police, including recently a campus cop that shot a motorist off campus- without just cause and was not charged... and a case the ACLU picked up where they pelted a mentally retarded man to DEATH with rubber bullets in 98. this s**t happens!

    Re: Beaten Man Denies Being Drunk (none / 0) (#18)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:54 PM EST
    http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=RNWE,RNWE:2005-13,RNWE:en&q=Joe+Paulus I messed up somehow! the link did n't work. well, enjoy!

    Re: Beaten Man Denies Being Drunk (none / 0) (#19)
    by Patrick on Sat Dec 17, 2005 at 01:04:54 PM EST
    Roger, It does happen where I live, but it's the exception not the rule, as I think it is elsewhere as well. Which is exactly why it is newsworthy. Billiejo, So a different set of laws for cops and courts? Hmmmm, wonder how that would fly. Why stop there? Why not just have different rules for everyone. Oh wait, just cause someone chooses a life in law enforcement doesn't mean they waive their rights as citizens, is that what your suggesting?

    Re: Beaten Man Denies Being Drunk (none / 0) (#20)
    by roger on Sat Dec 17, 2005 at 01:04:55 PM EST
    Patrick, The story is newsworthy because it was caught on video. That's about it.

    Re: Beaten Man Denies Being Drunk (none / 0) (#21)
    by Patrick on Sat Dec 17, 2005 at 01:04:55 PM EST
    It's newsworthy because it was done by people who are supposed to hold public trust. That it was caught on video makes it sensational for the 24 hours news cycle. Nothing like a little blood and gore that undermines public confidence in law enforcement.

    Re: Beaten Man Denies Being Drunk (none / 0) (#22)
    by squeaky on Sat Dec 17, 2005 at 01:04:55 PM EST
    Pat-or "nothing like a little blood and gore... that was caught on video....that undermines" the insular 'we are beyond reproach and the law' attitude of law enforcers. Just keeping them honest.

    Re: Beaten Man Denies Being Drunk (none / 0) (#23)
    by Patrick on Sat Dec 17, 2005 at 01:04:55 PM EST
    Squeaky, You lost me there. Was that an attempted insult or was there a legitimate point to your post?

    Re: Beaten Man Denies Being Drunk (none / 0) (#24)
    by squeaky on Sat Dec 17, 2005 at 01:04:55 PM EST
    Pat- No insults intended. The point is that there are two sides to the video taped incident and your hypothetical scenario that it will be on TV 24/7, You articulated one negative effect of your hypothetical, stereotyping of cops as corrupt, the other side is that cops who tend to abuse their power will think twice about acting on their baser instinct when there is a chance that they will be caught on video. Sorry to have be so inarticulate, hope this is clearer.

    Re: Beaten Man Denies Being Drunk (none / 0) (#25)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:56 PM EST
    Pat, NO I am not suggesting further squandering of taxpayer dollars to get tough on cops. we know this menatality don't work. what I want to see is that the cops are subject to the very same laws that we the citizens are. and they do have truth in sentencing & mandatory miniums. http://www3.sympatico.ca/ron666/bcnd.html a weekly radio address (this week the program runs 48 minutes) about police brutality -it highlights each case individually. this week does mention cases assualting citizens and then charging them with battery. hey, have fun!

    Re: Beaten Man Denies Being Drunk (none / 0) (#26)
    by Patrick on Sat Dec 17, 2005 at 01:04:56 PM EST
    Squeaky, Sorry, I get it now. Yes that is one possibility, but I'd rather identify corrupt cops and get rid of them before they commit crimes instead of having them look for cameras before they do bad things. I don't want to keep bad cops honest, I want them off the force or in jail.

    Re: Beaten Man Denies Being Drunk (none / 0) (#27)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 01:04:56 PM EST
    NO cops are, in my experience, no Andy Griffith. But then NO, in my experience, is no Mayberry.

    Re: Beaten Man Denies Being Drunk (none / 0) (#28)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:56 PM EST
    et al.. I'm amazed (no actually I'm not) on how quickly you all have tried and convicted these cops (news media lemmings) ... How about the "Due process" you all yap about constantly? Or is it only suspected terrorists that get this perk? I just saw a (police videos) show the other day when a 'black' drunk hit a white cop in the police station. Of course seconds later several cops were on him...and had you all seen just that portion of the tape, you'd all be screaming just like you are here...(news media lemmings!) Get a clue...

    Re: Beaten Man Denies Being Drunk (none / 0) (#29)
    by Sailor on Sat Dec 17, 2005 at 01:04:56 PM EST
    shorter bb, 'who are ya gonna believe, me or your lying eyes!?' Hey bb, how about the cops attacking the reporter? pat, I apologise for referring to you directly, we will never see these events thru the same filter, but I was wrong to target you. I guess when you said you'd be happy to beat me down it influenced my reactions to your posts.

    Re: Beaten Man Denies Being Drunk (none / 0) (#30)
    by Sailor on Sat Dec 17, 2005 at 01:04:56 PM EST
    et al "Davis was sent to a local hospital, where he was treated for a fractured cheekbone, a broken nose and a black eye. Then he was sent to jail." The cops defense is that he received the injuries while he "fell into a police horse". Damn, them NOLA horses are tougher than the cops;-) THEN the pigs said "No tests were conducted on whether Davis was intoxicated. DeSalvo said. That is routine procedure because the evaluation is usually made by officers at the scene, he said." So they put a guy in the hospital, claimed he was drunk, but only because the cops said so, and no tests were performed becaused the cops said he was drunk. How conveeeeenient! Gee, we should have the cops investigate this, just like the DoD should investigate gitmo and abu gonzales, just like bushco should investigate the lack of Katrina response.

    Re: Beaten Man Denies Being Drunk (none / 0) (#32)
    by Patrick on Sat Dec 17, 2005 at 01:04:56 PM EST
    I guess when you said you'd be happy to beat me down it influenced my reactions to your posts.
    If memory serves, I don't think that is quite correct. I recall saying I'd be tempted, but wouldn't risk my job. Either way, I certainly wouldn't use force without justification. If what you said is true about the horse, that seems untruthful, and would aggravate the circumstances during prosecution. I would think if they claimed stress from recent events and expressed true remorse (If they are in fact guilty of brutality, which seems to be the case on the face of it) then as a prosecutor or jurist I'd be more likely to be satisfied with a lesser finding. I think BigTex hit another issue. The assault on the news producer, while lesser in violence, is certainly more clearly a criminal issue. There is no reason to put hands on someone like that unless you have probable cause to arrest them, and even then that level of force seems more than reasonable for the circumstances. Of course all my comments are based on viewing the edited tape that was shown, and my experience is, that is frequently the most sensational footage without regard for events leading up to the incident.

    Re: Beaten Man Denies Being Drunk (none / 0) (#33)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:57 PM EST
    so, what events could possibly have happened that would lead to this particular beating 'with justifiable cause'? I'm rather curious!

    Re: Beaten Man Denies Being Drunk (none / 0) (#34)
    by roger on Sat Dec 17, 2005 at 01:04:57 PM EST
    Patrick, Tex's comment is important. The news guy was not drunk, nor was he interfering. This tape will be very damaging evidence. I do, however, agree with you that stress would (or should) be a mitigator in this case. One month of hell on earth, lost homes, little sleep, poor living conditions all add up. After Andrew, I worked running a food kitchen for rescue workers, mainly cops. In a disaster area, these guys need to escape periodically. They need a haven to decompress. I am not sure that they are getting that in NO.

    Re: Beaten Man Denies Being Drunk (none / 0) (#35)
    by Patrick on Sat Dec 17, 2005 at 01:04:57 PM EST
    Biliejo, If you don't see it, nothing I can say will help you.

    Re: Beaten Man Denies Being Drunk (none / 0) (#36)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:57 PM EST
    what- that he was black?

    Re: Beaten Man Denies Being Drunk (none / 0) (#37)
    by Patrick on Sat Dec 17, 2005 at 01:05:00 PM EST
    Yeah, that's it... /sarcasm Refer to my previous post.

    Re: Beaten Man Denies Being Drunk (none / 0) (#38)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:06 PM EST
    billyjo.... I can't seem to find a doctor to give me that frontal lobotomy Well...too bad...cause I think you need one! yeh show me the due process for a death row inmate Exactly my point ! They have at least had their day in court haven't they? But the cops haven't yet. So keep yappin about eveyone (criminals's) rights but jump on the police & military with no proof. No wait...nevermind... every single person on death row was framed... sorry.. I see the light now.

    Beaten Man Denies Being Drunk | 37 comments (37 topical)