Robert Davis (New Orleans)
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Robert Davis (born 1941) is a retired elementary school teacher and resident of New Orleans who was detained, arrested, and beaten by four police officers on October 8, 2005, on suspicion of
public intoxication Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an ...
. Davis has denied intoxication, but he
resisted arrest Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is crimi ...
by not allowing himself to be handcuffed and was beaten, which was filmed by the members of the Associated Press. A fifth officer was charged with assaulting an Associated Press producer.


Incident

Davis is an African American and the two officers who beat him (while two others held him down) are white, adding to the controversy of this case. Davis, who was charged with public intoxication, resisting arrest,
battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...
, and public intimidation, pleaded not guilty on October 12, 2005. The officers have also been charged with battery and were accused of using extreme force. Regarding the charge of public intoxication, Davis said, "I haven't had a drink in 25 years." Davis said he returned to view and possibly rebuild his family's six properties that were destroyed by
Hurricane Katrina Hurricane Katrina was a destructive Category 5 Atlantic hurricane that caused over 1,800 fatalities and $125 billion in damage in late August 2005, especially in the city of New Orleans and the surrounding areas. It was at the time the cost ...
. He went out during the night to buy
cigarette A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opp ...
s in the French Quarter and asked a mounted officer when a curfew would go into effect that night. 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."


Aftermath

Officers Lance Schilling, Robert Evangelist, and Stuart Smith were released on bond after appearing before a judge to make their not guilty pleas. 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. 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." The policemen's trial was set for January 11, 2006. Davis' trial began on January 18. The police chief in charge of the investigation, Warren Riley, also an African American, claimed that he did not believe race was an issue in the beating. Charges against Davis were dropped in April 2006. Stuart Smith was the officer charged with assaulting the AP producer; he was suspended for 120 days, while Robert Evangelist and Lance Schilling were fired for their participation in the beating. Two of the men involved in the incident were not New Orleans police officers, but federal agents, who were not indicted by their parent agency for their involvement. Lance Schilling was found dead on June 10, 2007, from a "gunshot wound to the roof of the mouth" that was apparently self-inflicted. 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.


References


External links


Footage of incident from BBC
{{DEFAULTSORT:Davis, Robert 1941 births Living people American educators Police brutality in the United States Crimes in New Orleans Victims of police brutality in the United States