Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, February 4, 1994 TAG: 9402040046
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
The jury deliberated just 10 minutes before clearing the deputies of violating the civil rights of Carlos Andre Smith, a state prisoner who has been convicted on a variety of charges including cocaine distribution, assault and escaping from jail.
"We were extremely pleased with the quick verdict," said defense attorney Kevin Blair. "If that's not record time, then it's got to be close."
Smith, 22, had filed a $1 million civil suit in U.S. District Court alleging that the officers punched him in the face, kicked his ribs and sent an electrical shock through his testicles with a stun gun on Aug. 12, 1991.
The jury, however, ruled in favor of the deputies, who denied punching or kicking Smith and said they used only as much force as was needed.
The defendants in the suit were deputies Tim Barton, Norman Hudson, Terry Martin, Kenneth Gray and Richard Hull.
The 1991 incident started when the deputies locked Smith - whom they feared would try to escape - in a 5-foot by 7-foot holding room in the courthouse as he waited for his trial.
The prisoner, upset that he had been separated from other inmates, admitted to kicking on the door and yelling obscenities.
"Yes, I was loud and banging, but that was no reason for them to be beating me," he said.
The noise was so loud that a judge heard the commotion and ordered that Smith be quieted. The deputies entered the cell after Smith repeatedly ignored their requests to calm down.
Smith, now serving an 11-year sentence in the Bland County Correctional Facility, testified that the deputies ganged up on him, busting his lip and bloodying his nose.
The deputies admitted to pushing Smith to the floor and wrestling with him as they tried to get handcuffs and leg shackles on him, but said they never hit or kicked him.
Several officers testified that they tried to use the stun gun on Smith's arm, but it was ineffective because he was behaving so violently. They denied ever aiming the stun gun at Smith's groin.
Blair pointed out that Smith appeared in court immediately after the alleged beating and never complained of any injuries.
Thomas Roe, who represented Smith in court immediately after the 1991 incident, testified against his former client Thursday.
Smith, who was represented in the case by John Patterson, a fellow inmate, presented little evidence - other than his own testimony - to prove his claims.
All but one of his witnesses were prisoners and none had witnessed the incident.
"I think the overwhelmingly weight of the evidence supported the verdicts," said Judge Turk, after denying a motion that the jury's decision be overturned.
by CNB