
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, July 6, 1994                   TAG: 9407060070
SECTION: VIRGINIA                    PAGE: C-7   EDITION: METRO 
SOURCE: By MATT CHITTUM STAFF WRITER
DATELINE:                                 LENGTH: Medium

CITY SAYS MAN NOT VICTIM OF ALLEGED POLICE BRUTALITY

The city of Roanoke said Tuesday that an investigation into allegations by Leonard G. Davidson of police brutality revealed that officers used "only such force as was necessary" to restrain him.

Two officers arrested Davidson April 16 for public intoxication. According to a news release from the city, he broke away from the officers and lost his footing. The officers grabbed Davidson, and all three fell to the ground.

"Davidson was not kicked or struck with any object during the altercation," the release says.

The release also denies several claims made by Davidson's attorney, Thomas B. Dickenson, who says Davidson was sprayed with pepper spray after he was handcuffed; police admit he was sprayed but say it was before he was handcuffed. The release also denies Dickenson's claim that surgeons who treated Davidson stated that his injuries could have been caused by repeated blows.

"This is no surprise whatsoever," Dickenson said. "I fully expected that the police would investigate and that they would find no excessive force. ... I would have been more surprised had they found otherwise."

Dickenson said he learned of the finding Friday in a letter from City Attorney Wilburn Dibling.

Davidson, 41, accused the officers, identified by Dickenson as Barry C. Boothe and Duane A. Jones, of breaking his leg, handcuffing him and holding his right eye open while they sprayed pepper spray in it. He underwent surgery on his leg at Roanoke Memorial Hospital the night of the altercation.

Police had responded to a call from Davidson's girlfriend, Karen Maxine Penn, who said Davidson was beating her. They found Davidson walking away from Penn's house and took him into custody.

Davidson faces charges of maliciously wounding Penn and impeding a police officer. A hearing is scheduled Friday.

Dickenson said Friday's hearing is a major hurdle, but regardless of the outcome, he plans to pursue the case further.

"The Police Department's investigation in no way diminishes our plans to proceed with a civil action against the city," he said.

by CNB