Officer Cleared In French Quarter Beating

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The New York Sun

NEW ORLEANS — A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted yesterday by a judge who heard the case without a jury. Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.

Mr. Evangelist, who elected to have his case heard by Judge Marullo without a jury, pleaded not guilty to second-degree battery and false imprisonment. Judge Marullo acquitted him of both counts.

“This event could have ended at any time if the man had put his hands behind his back,” the judge said. Mr. Evangelist and Lance Schilling were fired after being accused of the beating. Schilling killed himself June 10.

A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Judge Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Mr. Smith’s attorney, Eric Hessler. Smith served a 120-day suspension and remains on the force.


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