JACKSON, Miss (AP) — The Mississippi Division of Public Security stated Friday that its inner investigation discovered no prison conduct by a white Freeway Patrol trooper who used bodily pressure towards a handcuffed Black man throughout an arrest — a confrontation caught on video by family of the person being arrested.
An investigation began after the family’ video of the Aug. 5 incident went viral. The footage confirmed the trooper placing a handcuffed man right into a chokehold and wrestling him right into a grassy ditch in a rural space close to the south Mississippi metropolis of McComb.
The division and investigators from two of its divisions, the Mississippi Freeway Security Patrol and the Mississippi Bureau of Investigation, stated they accomplished all essential inquiries.
“A evaluation of this incident by MBI brokers and command workers produced no proof of prison conduct by the trooper all through the encounter,” Lt. Col. Charles Haynes, director of the Mississippi Bureau of Investigation, stated in a information launch.
The Division of Public Security launched practically 40 minutes of video and audio. It included video shot by cameras within the trooper’s patrol automotive, audio captured by the trooper and video shot by brothers of the primary man arrested. Though a few of the patrol automotive footage was silent, the division stated it had synchronized the video and the audio clips.
A part of the footage exhibits Eugene Lewis standing within the highway in handcuffs as his brother Gary, who additionally goes by the identify “Packer” Lewis, and one other brother, Derrius Lewis, yelled that they have been recording the incident. Immediately, the trooper grabbed Eugene Lewis by the neck and pulled him throughout the highway, tackling him to the bottom. At one level, the trooper appeared to make use of his knee to pin him down.
Investigators recognized the trooper as Hayden Falvey. Within the mixed video and audio, Lewis could be heard telling Falvey, “I can’t breathe,” to which the trooper responded, “You’re operating your mouth. You may breathe.”
In response to the information launch, Falvey pulled over Lewis for rushing and different site visitors violations. It additionally stated Falvey alleged he smelled burnt marijuana from the automobile, and Lewis’ eyes have been bloodshot and glassy.
In patrol automotive dashboard digital camera footage and audio launched Friday, Falvey could be heard saying to Eugene Lewis: “Did you smoke some weed just lately?”
Lewis replied that he had performed so about 40 or 50 minutes earlier.
“OK,” Falvey stated as he patted down Lewis. “Not a giant deal.”
Falvey put handcuffs on Lewis, saying it was a precaution as he searched Lewis’ SUV. The trooper stated Lewis was not underneath arrest at that time and requested Lewis a number of questions on whether or not he had ever been arrested and whether or not any marijuana or different medicine have been within the automobile. Lewis stated he had beforehand been arrested for promoting cocaine.
In the course of the trooper’s automobile search, Gary and Derrius Lewis drove up in a Dodge Charger, stopped and acquired out of their automobile. They recognized themselves as Lewis’ brothers. After a quick trade with Falvey, the brothers left. They quickly returned to shoot cellphone video because the trooper’s bodily altercation with Eugene Lewis began.
After Falvey put Eugene Lewis into the patrol automotive and buckled his seatbelt, Lewis used obscenities towards the trooper.
“I’m glad you are feeling that means, sir,” Falvey responded.
Video shot by one among Eugene Lewis’ brothers confirmed one other state trooper arriving. It additionally confirmed one of many troopers strolling towards the 2 brothers and pointing a weapon at one among them.
Troopers arrested Eugene Lewis’ two brothers. Within the audio launched Friday, Falvey could be heard telling the lads they need to not have stopped to shoot video.
“Your brother goes to jail,” Falvey stated. “Now all of y’all are catching prices on your theatrics.”
Packer Lewis stated his brothers have been launched from jail that night time, however he was saved two extra days due to a previous cost on his prison file. He stated he's going through 9 prices associated to the incident, together with obstruction of justice. Eugene Lewis can be going through eight prices and Derrius Lewis is going through 5 prices.
Tindell defended the troopers’ choice to arrest the brothers who shot video of the incident.
“Whereas DPS and MHSP acknowledge and respect the precise of residents to watch, and even file, legislation enforcement officers executing their duties, these rights usually are not with out limitations,” Tindell stated within the information launch. “As you will note, this occasion is a chief instance of how even a routine site visitors cease can rapidly flip right into a harmful scenario for each residents and legislation enforcement officers when topics resist arrest and when uninvolved individuals intervene.”
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