Officer accused in jaywalker's beating won't be charged

[Judi Lynn]

Source: Associated Press


Updated 5:37 pm, Friday, June 29, 2018

ASHEVILLE, N.C. (AP) — The U.S. Department of Justice says no federal charges will be filed against a former North Carolina police officer who was seen on body camera videos beating a black pedestrian.

U.S. Attorney Andrew Murray said in a news release Friday that after a thorough and independent investigation, the evidence doesn't warrant prosecution of a violation of federal criminal civil rights laws.

The video from last August showed former Asheville police officer Christopher Hickman punching, choking and shocking Johnnie Jermaine Rush, whom officers had accused of jaywalking.

Hickman, who is white, was arrested in March on a state felony charge of assault by strangulation, plus misdemeanor counts of assault and communicating threats. An arrest warrant said Rush suffered head abrasions and swelling and lost consciousness when Hickman pressed his arm on his throat.

Read more: https://www.chron.com/news/crime/article/Officer-accused-in-jaywalker-s-beating-won-t-be-13038478.php

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[The Velveteen Ocelot]

1. Not quite accurate: no *federal* charges will be filed.

He has already been arrested on state charges.

[still_one]

2. An accurate description of the charges filed, but for the federal government to conclude that the

excessive use of force against this African American man for jaywalking had nothing to do with a violation of the man's civil rights, is pretty outrageous

[cstanleytech]

3. Yes it was outrageous but federal law apparently does not allow civil rights violations for that.

To quote part of an article on it that I found https://civilrights.findlaw.com/civil-rights-overview/police-misconduct-and-civil-rights.html

"Excessive Force

Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officer's use of force was reasonable depends on the surrounding facts and circumstances. The officer's intentions or motivations are not controlling. If the amount of force was reasonable, it doesn't matter that the officer's intentions were bad. But the reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed."

Best guess is they do not deem the level of force used in this instance to be in excess of what police officers might need to wield in other situations where an officer is trying to deal with a person that is violently resisting and thus no federal charges.

[robbob]

4. Jaywalking???

What a joke. I didn’t watch the whole video but in the first few minute ONE car passes by on the street: another police car. It’s a deserted street! People are supposed to walk all the way down to the corner in order to cross a deserted street?

Just another way for cops to abuse and detain minorities.

[forgotmylogin]

5. Walking While Black.

Ugh. I hate what this country has become.

[Coventina]

6. .

[oasis]

7. And the odds of a rogue cop getting another job in law enforcement?