ARRESTED MAN'S FAMILY: POLICE MISTREATED HIM

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

DATE: SATURDAY, April 3, 1993                   TAG: 9304030264
SECTION: VIRGINIA                    PAGE: B-2   EDITION: METRO 
SOURCE: STEPHEN FOSTER STAFF WRITER
DATELINE:                                 LENGTH: Medium
ARRESTED MAN'S FAMILY: POLICE MISTREATED HIM
State police are investigating the Franklin County Sheriff's Department and the Rocky Mount Police Department to determine if excessive force was used in arresting a man Monday, authorities said.
Cecil Handy, state police special agent, said the two departments requested the investigation, which began Thursday, "to determine if an assault occurred."
Members of the Sheriff's Department arrested Alvin Muse of Rocky Mount in connection with a civil charge of failing to deliver goods that had a levy placed upon them, said Rocky Mount Police Chief Richard Jenkins. The Police Department assisted in the arrest.
County Sheriff W.Q. "Quint" Overton said a deputy tried to stop Muse several times in Rocky Mount after telling him he had to take Muse's car, on which the levy had been placed.
After another deputy stopped Muse's car on East Court Street by blocking it, a town police officer arrived to assist, Overton said. With another deputy behind the car, the town officer tried to get Muse to get out of the car. He refused.
After arguing, Overton said, the officer sprayed Mace in Muse's face when Muse reached down in front of the seat. Jenkins said a pepper-based aerosol was used.
"No force other than the Mace," was used, Overton said. "Nobody hit anybody.
"Family members complained that [Muse] was mistreated," Overton said. Muse himself has not lodged a formal complaint.
The family members said Muse is partially handicapped and probably was trying to move his leg to get out of the car.
Overton said the recent racial controversy at Franklin High School was the main reason he decided to call in the state police. Muse is black.
"We felt it best to let an independent entity" conduct the investigation, Jenkins said.
Muse was taken to the county jail and had his eyes washed out, officials said. He later was released on a personal recognizance bond.

by Bhavesh Jinadra by CNB