Resisting Violence
Fort Lauderdale police officers arrive in response to gunshots being fired. The officers claimed that upon arrival, they saw Walter F.P. running through the neighborhood. The officers claimed that Walter refused their commands to lay on the floor and attempted to flee. They further claimed that Walter violently refused their attempts to restrain him and actively fought them. Walter was charged with battery on a law enforcement officer and resisting arrest with violence. He was facing ten years in prison.
Being black, in a run-down neighborhood, with a prior record and gold teeth, Walter was an easy target for the police. I knew that with at least five officers testifying against him, we had an uphill battle. I went to the scene to get a feel for where everything went down, and took some pictures. While there, a tenant came out and inquired as to what I was doing. After explaining who I was and what I was doing, the tenant asked if I was speaking about the young man who got beat up by the cops. When I asked what he was talking about, he went on to explain how he witnesses the entire event, and had even banged on his window and yelled at the cops to get off the young man. The tenant had the correct date and the correct time. He didn’t know Walter, so I had to get a picture for him to view. He identified Walter from the picture as the young man who got beat up.
At trial, I showed the jury an aerial picture of the location where Walter was apprehended to display the path Walter normally took to get home. I submitted medical records that showed that Walter had pre-existing knee and back problems. Walter explained that he told the police about his health problems and his inability to kneel, or lay, on the ground for a long period of time as commanded by the cops. It also helped that no weapon was found on Walter and that he lived just a mere 50 feet from where he was accosted by the police. The tenant, despite his initial hesitancy to testify for fear of reprisal from the police, came in and testified that he saw the police ganging up on Walter and striking him repeatedly while he was on the ground. In cross-examination, I was able to establish numerous inconsistencies in the officers’ versions of events. The jury found the officers to lack credibility and vindicated Walter and found him not guilty.
