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Local News

Judge: 'Danziger 7' can return to work

05:22 PM CST on Friday, January 5, 2007

Stacey Plaisance / Associated Press

All seven policemen charged in the deadly bridge shootings after Hurricane Katrina were free on bail Friday, and a judge said the six still on the New Orleans Police force can return to limited duty.

One former officer, now a truck driver in Texas, can also return to work, Judge Raymond Bigelow said.

WWLTV.com

From left to right: Officers Ignatius Hills, Mike Hunter and Robert Barrios.

Four of the officers face first-degree murder charges that carry a possible death sentence, in addition to attempted murder charges. Three others face only attempted murder charges. All seven pleaded not guilty Friday. They were indicted last week and turned themselves in on Tuesday.

Bigelow said five of the seven will be required to wear monitoring devices and will be confined to home, work, attorney visits or court appearances as a condition of bail. Two who face the least number of charges had already bailed out earlier in the week and were allowed to remain free on bail after Friday's hearing. They will not be required to wear monitors.

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From left to right: Sgts. Kenneth Bowen and Robert Gisevius, officer Anthony Villavaso and former officer Robert Faulcon.

The amount of bail varied based on the number of counts each officer faces but in no case was it less than $100,000.

Although Bigelow said the officers can work, Assistant Police Superintendent Steven Nicholas said no decision had been made on when, or whether, they would be returned to duty. They were put on a 120-day unpaid suspension after the indictments, he said.

Sgts. Kenneth Bowen and Robert Gisevius Jr., officer Anthony Villavaso II and former officer Robert Faulcon Jr., face first-degree murder charges and attempted murder charges. Officers Robert Barrios and Mike Hunter Jr. were charged with attempted first-degree murder, and Officer Ignatius Hills was charged with attempted second-degree murder.

Hunter and Hills made bail earlier this week.

Fraternal Order of Police lawyer Donovan Livaccari said he will urge Police Superintendent Warren Riley to let the officers return to work, but he would expect it to be on a limited basis.

"It won't be on the street. It won't be in uniform," Livaccari said.

Tracie Washington, spokeswoman for the local chapter of the National Association for the Advancement of Colored People, expressed disappointment that officers accused of murder would be allowed out and to return to work. She and other NAACP representatives hoped to meet with Riley to ask that the officers not be allowed to return to duty.

"There should be accountability on both sides. We want a fair trial, but we want the community to feel safe," she said.

As one of the officers left the courthouse, surrounded by attorneys and police officers, a small group of activists shouted "murderer."

Bail on a first-degree murder charge is rare in Louisiana, defense lawyer Franz Zibilich acknowledged but added: "Charging police officers with first-degree murder while they're in the course and scope of their employment is equally rare."

Zibilich said judges usually consider factors such as criminal history and flight risk when determining whether to set bail and the amount. He noted that the officers have no criminal records and have been working without incident for 16 months since the shootings.

Defense lawyers said District Attorney Eddie Jordan did not object to the officers being allowed to bail out. Jordan declined comment.

The shootings at the Danziger Bridge, where two people died and four were injured, happened on Sept. 4, 2005, amid widespread reports of lawlessness six days after Katrina flooded 80 percent of the city.

The facts remain murky. Police say the officers were responding to a report of other officers being attacked when they came under fire. Police also claim one of the men, Ronald Madison, was reaching for a gun. Madison, a 40-year-old mentally retarded man, and James Brissette, 19, were killed on the bridge.

The coroner said Madison was shot seven times, with five wounds in the back, but the officers' attorneys said all the wounds could have come from a single shotgun blast.

Madison's brother, Lance, denies he or his brother was armed. He said they were running from a group of teens who had opened fire on the bridge when seven men jumped out of a rental truck and also shot at them without warning.

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Associated Press Writer Michael Kunzelman contributed to this report.

(Copyright 2007 by The Associated Press. All Rights Reserved.)