With Shreveport police administrators refusing to consider criminal charges against an officer who used a taser on a man without provocation, the man's attorneys said Tuesday they will ask the district attorney and federal prosecutors to review the case.
Police Chief Henry Whitehorn said late last week that he would have instituted a criminal probe of the incident had he been in office at the time it occurred, but too much time has elapsed to do one now. Whitehorn also cited the police officers' "bill of rights" as another factor in his decision -- but the 60-day provision he referred to deals with disciplinary matters, not criminal investigations.
A spokeswoman on Tuesday said Whitehorn "misspoke" and was referring to administrative investigations when he referred to the 60-day time limit.
The incident and the internal affairs investigation happened before Whitehorn became police chief. Mike Van Sant was interim police chief at the time. Whitehorn said it was handled under his predecessor's administration and he will not re-address it.
"Had I been chief, there would have been a criminal investigation," Whitehorn said.
Police officers are required to make statements to investigators when they are the subjects of internal, administrative investigations into their actions. But in criminal matters, they have Miranda rights the same as civilians and are not required to do so.
"I don't think it would be fair or appropriate to go back and try to use any information that was freely given based on administrative procedure toward a criminal investigation," Whitehorn said.
Police have not said why they limited the officer's discipline to a suspension.
Officer Ryan Robinson was suspended for 45 days last year but no criminal charges were filed after he hit a man with his taser in a clearly unprovoked incident. Surveillance video from outside a downtown riverfront nightclub shows Carnado Brown talking on a cell phone when he was zapped from behind with the taser, which is supposed to be used as a non-lethal way to immobilize a combative person.
Brown was working the door at Kokopelli's nightclub on July 1. A group of police officers outside the club initially thought he was a customer trying to slip in, but then recognized him and backed off. Robinson then came out of the group and tased Brown. The video shows the officer look around to make sure his colleagues weren't watching, then zap Brown.
Shreveport police last year arrested 177 people on charges of battery on a police officer.
One of Brown's s attorneys, Wilbert Pryor, said he will contact the district attorney's office and U.S. Justice Department officials and ask them to investigate the incident, saying there needed to be a "non-biased review of the evidence."
"We don't need criminals on our police force," Pryor said.