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03-29-11, 08:23 PM #1
Recommendation for Officers to be Reinstated.
Click the link for the full story and to see the video. For the life of me I could not find the original thread I made on this when it happened.
Hearing officer recommends setting aside firing of Birmingham police officers | al.com
Hearing officer recommends setting aside firing of Birmingham police officers
Published: Tuesday, March 29, 2011, 5:15 PM
Updated: Tuesday, March 29, 2011, 5:29 PM
By Carol Robinson -- The Birmingham News
Birmingham police beating video
After a lengthy chase, a police officer is struck, the suspect wrecks, and is beaten.
BIRMINGHAM, Alabama -- Five former Birmingham police officers fired after the high-profile beating of a motorist following a chase in 2008 should get their jobs back, according to the recommendation of a Jefferson County Personnel Board hearing officer issued this afternoon.
Jim Sturdivant concluded that the city failed to prove its case for firing officers David Doran, Barrett Dewitt, Heath Boackle, Thomas Cleveland and Kenneth Prevo.
The recommendation will be given to the three-member board which will vote on the matter.
"The city presented not a single witness to articulate, support, or defend the termination decision," he writes in the order.
In addition, Sturdivant cites the city's failure to provide the video tape as evidence to support the firings.
All five were fired in 2009 after the incident came to light via videotape. At the time they were fired, Birmingham Police Chief A.C. Roper held a press conference at which he said there was a failure in policy, personnel, training, procedures and supervision.
Gayle Gear, a lawyer for the officers said she was pleased with the decision.
"These are five very fine officers who are so eager to get back to work and serve their city," Gear said.
The next step, Gear said, was to plead the case before the personnel board the second week in April. She represents three of the five officers.
At City Hall, Chuck Faush, chief of staff for Mayor William Bell declined to comment, citing lawyers' advice due to pending litigation.
At a hearing Monday, the officers testified that they responded with the appropriate amount of force. ¶
Lt. Dennis Shepard, commander of the police department's Internal Affairs Division, also testified Monday. He said the officers' actions that day were not within policy and procedure guidelines.
"The suspect at that time was not offering any resistance," Shepard testified under question by Michael Choy, the lawyer representing the City of Birmingham.
At Monday's proceedings, Sturdivant was displeased with the city of Birmingham, which he said didn't provide sufficient testimony supporting the firing of the officers.
He said he wasn't comfortable in the manner in which the hearing was conducted, and took the matter under review.
All five of the officers testified at the hearing, saying they acted according to their training. In addition to their testimony and that of the IAD commander, other evidence Sturdivant was provided to review included the videotape, the audiotape, expert testimony from an accident reconstructionist that found the officers couldn't have seen Warren being thrown from the vehicle, and analysis from a lethal force expert that found the officers had an "immediate and urgent" need to control the hands and body of Warren.
Meanwhile, fishing in Russia:
"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat
"Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway
The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com
04-01-11, 08:47 PM #2
Hope they get reinstated soon.'Political Correctness is a doctrine fostered by a
delusional, illogical liberal minority, and rabidly
promoted by an unscrupulous mainstream media, which
holds forth the proposition that it is entirely
possible to pick up a turd by the clean end!'
“A fear of weapons is a sign of retarded sexual and emotional maturity.” Sigmund Freud
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