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

DATE: SATURDAY, July 9, 1994                   TAG: 9407120081
SECTION: VIRGINIA                    PAGE: C3   EDITION: METRO 
SOURCE: By MICHAEL STOWE STAFF WRITER
DATELINE:                                 LENGTH: Medium

RESISTING ARREST COSTS $500 FINE

General District Judge John Apostolou scolded Leonard Davidson shortly before slapping him with a $500 fine and a suspended 90-day jail sentence.

"Who are we kidding?" the judge said. "He was clearly guilty."

Davidson was arrested for public intoxication April 16. There was a scuffle while the police officers were trying to handcuff Davidson, and the Roanoke man's right knee was dislocated and an artery in the same leg was crushed. He was hospitalized for 19 days.

The arresting officers testified that the injury happened when they tackled Davidson after he broke away from them and began to run down a small hill.

Davidson, who has said he plans to file a civil suit against the police officers, testified that he didn't run and that the officers hurt his leg by kicking and striking him repeatedly.

Davidson also accused the officers of spraying him with pepper spray while he was in handcuffs. The officers admitted that they sprayed him, but said it was before he was under control and in handcuffs.

An internal Police Department investigation, the results of which were released this week, determined that no excessive force was used.

Apostolou said it wasn't up to him to decide whether excessive force had been used, just whether Davidson had resisted arrest.

It was clear, Apostolou said, that Davidson knew the police officers were trying to arrest him, and he shouldn't have offered resistance.

While admitting he regretted Davidson's injury, the judge said the policemen were simply trying to do their jobs.

"These officers are not out there to give him a fair break," he said. "It's the power of the law. ... Do whatever it takes to get him arrested."

The April incident happened after police responded to a call from Davidson's girlfriend, who said that he was beating her. The police officers found Davidson walking away from the home he shares with his girlfriend and noticed that he was intoxicated.

The officers said they decided to arrest Davidson for public intoxication to give his girlfriend time to file a malicious wounding complaint.

Davidson still faces a charge of malicious wounding, but Apostolou transferred that case to Juvenile and Domestic Relations Court because the couple lives together.