Robert Davis (New Orleans)
Encyclopedia
Robert Davis is a retired elementary school
Elementary school
An elementary school or primary school is an institution where children receive the first stage of compulsory education known as elementary or primary education. Elementary school is the preferred term in some countries, particularly those in North America, where the terms grade school and grammar...

 teacher
Teacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...

 and resident of New Orleans who was detained, arrested, and beaten by four police officers on October 9, 2005 on suspicion of public intoxication, with a video camera recording the entire event. Davis has denied intoxication; he resisted arrest by failing to allow himself to be handcuffed. The officers subsequently beat Davis during the arrest, which was filmed by the members of the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

. A fifth officer was charged with assaulting an Associated Press producer.

Davis is an African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 and the two officers who beat him (while two others held him down) are white, adding to the controversy. Davis, who was charged with public intoxication
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...

, resisting arrest, battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...

, and public intimidation, pled not guilty on October 12 2005. The officers have also been charged with battery and were accused of using extreme force. Regarding the charge of public intoxication, Davis said, "I haven't had a drink in 25 years."

Davis said he returned to view and possibly rebuild his family's six properties that were destroyed by Hurricane Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...

. He went out during the night to buy cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...

s in the French Quarter and asked a mounted officer when a curfew would go into effect that night.

"This other guy interfered and I said he shouldn't. I started to cross the street and... bam... I got it. ... All I know is this guy attacked me and said, 'I will kick your ass,' and they proceeded to do it." - Robert Davis


The police union and a lawyer for the accused officers challenge Davis' version of the events. According to their account, a drunken Davis walked into a police horse while asking about the curfew, and belligerently resisted officers who confronted him.

As Davis was arrested, Associated Press producer Rich Matthews was jab
Jab
A jab is a type of punch used in the martial arts.Several variations of the jab exist, but every jab shares these characteristics: while in a fighting stance, the lead fist is thrown straight ahead and the arm is fully extended...

bed in the stomach and shoved into a police cruiser by a third officer who shouted, "I've been here for six weeks trying to keep fucking alive. Fucking go home." Officers Lance Schilling, Robert Evangelist, and S.M. Smith were released on bond after appearing before a judge to make their not guilty pleas.

The policemen's trial was set for January 11, 2006. Davis' trial began on January 18. The police chief in charge of the investigation, Warren Riley, is also an African American and claimed that he did not believe race was an issue in the beating.

Davis' mugshot shows stitches beneath his left eye and a bandaged left hand, and sustained injuries. On October 12, 2005, Davis revisited the site saying, "Is that my blood? It must be. I didn't know I was bleeding that bad."

Stuart Smith was later suspended for 120 days and Robert Evangelist and Lance Schilling were fired for their participation in the beating.

Two of the men involved in the incident were not New Orleans police officers, but federal agents, and they were not indicted by their parent agency for their involvement. Stuart Smith was the officer shown assaulting the AP producer.

Charges against Davis were dropped in April 2006. It was unclear whether the federal agents would be asked to testify in the case.

Lance Schilling, one of the officers charged was found dead on June 10, 2007, from a "gunshot wound to the roof of the mouth" that was apparently self-inflicted.

On July 24, 2007, Officer Robert Evangelist was cleared of all charges by Judge Frank Marullo, who was later quoted in reference to the trial, "I didn't even find this a close call." The deciding factor was the video evidence that showed Davis struggling for several minutes while police tried to detain him. "This event could have ended at any time if the man had put his hands behind his back," the judge concluded.

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