ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, May 4, 1996 TAG: 9605060061
SECTION: VIRGINIA PAGE: C4 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
It was a case of either police brutality or resisting arrest, depending on who was testifying in a Roanoke courtroom Friday.
Steven Leftwich claimed that a group of police officers ganged up on him for no reason, knocking him to the ground and beating him after a routine traffic stop in downtown Roanoke the morning of Feb. 11.
But four police officers testified that Leftwich went out of control - swinging, kicking, biting and growling - after he was asked to step out of a car where a small amount of marijuana had just been seized.
After hearing five hours of conflicting testimony, General District Court Judge John Apostolou delayed a decision on four assault charges against Leftwich. The judge asked lawyers to give him written arguments on whether the seizure of marijuana from Leftwich's car was legal before he takes up the case again May 17.
Leftwich, 30, was a passenger in his car when it was stopped about 2:45 a.m. in the 200 block of Campbell Avenue, near City Market. Officer A.P. Forbes testified that he stopped the car because of a defective tail light.
As he began to question Leftwich, Forbes said, he noticed a plastic bag of what appeared to be marijuana in plain view inside the car. As Leftwich was asked to step outside, a passing state trooper stopped to assist Forbes.
As the trooper, R.J. Carpentieri, was leading Leftwich away from the car, Leftwich struck him in the chest with both fists, Carpentieri testified. For the next few minutes, police testified, Leftwich scuffled with Carpentieri, Forbes and several other officers who were called to the scene.
Leftwich had his hand on an officer's gun twice, they testified, and he continued to struggle after he had been sprayed with pepper spray. It took about a half-dozen officers to finally get him under control, they said.
But, according to Leftwich and his cousin, who was his designated driver during a night of partying, Forbes grabbed Leftwich from behind after he stepped out of the car, and then other officers joined the attack.
As he fell to the ground, Leftwich testified, he was punched, kicked and gripped in a choke hold. "I remember saying a prayer, and I passed out," he said.
Leftwich and four police officers were treated and released from hospitals for injuries that included a separated shoulder for Carpentieri, a head injury for Forbes, and scrapes, cuts and bruises for the rest.
Several days after the incident, an internal police investigation cleared the officers, ruling that, while they used force, it was no more than was necessary to bring Leftwich under control. Leftwich's lawyer, meanwhile, has called for additional investigations by state and federal officials.
LENGTH: Medium: 53 lines ILLUSTRATION: PHOTO: headshot of Leftwichby CNB