By MARY FOSTER, Associated Press Writer
Two former New Orleans police officers who were caught on videotape beating a retired teacher were indicted on felony charges that could send them to prison for years.
The officers — Robert Evangelist and Lance Schilling — were fired after the Oct. 8 beating of Robert Davis, 64, was captured on video by an Associated Press Television News crew covering the aftermath of Hurricane Katrina.
Evangelist, 36, faces up to 10 years in prison if convicted of false imprisonment while armed with a dangerous weapon and second-degree battery. Schilling, 29, could spend five years behind bars if convicted of second-degree battery.
"I hope this will result in something good for our city," said Davis, who spent more than an hour Wednesday testifying about the beating, which left him lying on the street, hands cuffed and blood flowing from his head and face.
A third officer, Stewart Smith, 50, was charged with simple battery. If convicted, he faces up to 6 months in jail and a $500 fine. Smith was suspended for 120 days but remains on the force.
Evangelist and Schilling were charged with battery against Davis, and Smith was charged with battery against a reporter.
A telephone call Wednesday to an attorney representing Evangelist, Schilling and Smith for comment was not returned.
Police Superintendent Warren Riley said in a statement late Wednesday that Smith would be reassigned to desk duty pending the outcome of his trial.
After the grand jury appearance, Davis told reporters that he still has headaches and back problems. He had to interrupt his testimony to take medicine.
The retired elementary school teacher said he had returned to the storm-struck city to check on his property and was looking for a place to buy cigarettes in the French Quarter when police grabbed him.
The videotape shows an officer hitting Davis at least four times on the head. Davis twisted and flailed as he was dragged to the ground. One officer kneed Davis and punched him twice.
Smith had ordered APTN producer Rich Matthews and the cameraman to stop recording. When Matthews held up his credentials, the officer grabbed him, jabbed him in the stomach and delivered a profanity-laced tirade.
The video also shows two FBI agents joining the police in subduing Davis. Their role is being investigated by federal officials.
A federal civil rights investigation also was launched.
"Without this videotape, I'm sure this case would be swept under the rug," said Davis' attorney, Joseph Bruno.
District Attorney Eddie Jordan agreed the videotape was important.
"Any time you have strong evidence, and I consider a videotape strong evidence, it helps your case," he said.
When asked if the false imprisonment charge meant that Davis should not have been arrested, Jordan said, "I think that's a fair inference."
Davis has pleaded not guilty to municipal charges of public intoxication, resisting arrest, battery on a police officer and public intimidation. His lawyer said this week he expects the charges will be dropped.
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