Third officer charged with battery on reporter is suspended for 120 days

03:31 PM CST on Wednesday, December 21, 2005

WWLTV.com

The NOPD has fired two officers accused of beating a 64-year-old man on Bourbon Street in October. A third officer was suspended after being accused of grabbing a reporter.

Associated Press

Police officers subdue a man on Conti Street near Bourbon Street in the French Quarter of New Orleans Saturday night, Oct. 8, 2005. At least one police officer repeatedly punched the 64-year-old Robert Davis, accused of public intoxication, and another officer assaulted an Associated Press Television News producer as a cameraman taped the confrontations.

Superintendent Warren Riley announced the dismissal of officers Robert Evangelist and Lance Schilling. Officer Stuart Smith was suspended for 120 days for his incident with an Associated Press producer.

The New Orleans police union disagreed with the decision and plans to appeal it to the Civil Service Commission, said police association 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."

The incident was caught on tape by the Associated Press and was publicized highly throughout the media as coverage was still intense in the aftermath of Hurricane Katrina.

The tape appeared to show several blows being delivered to 64-year-old Robert Davis that caused his head to slam against a wall. He is then brought to the ground, while apparently resisting, and additional blows were delivered.

Shortly after the incident, the three officers were arrested and suspended. Their lawyer, Frank DeSalvo claimed the officers used reasonable force to restrain Mr. Davis and that his facial injuries, which caused blood to stream into the street, were caused by his face hitting the ground as officers wrestled him down.

The video appeared to show Mr. Davis landing on his back.

According to DeSalvo, Davis was stumbling on Bourbon Street and fell into a police horse when officers came to his aid. They arrested him for public intoxication, though admit no breath or blood test was given. Davis contends he hasn’t had alcohol in 25 years.

DeSalvo and Police Chief David Benelli complained at a press conference held after the incident that the officers had already been ‘tried and convicted.’