Charleston Police Officer Sentenced
A Charleston Police Officer was sentenced this week for an incident that occurred 2007 where the officer was charged with violating the civil rights of suspect. The Officer had pursued the suspect in a high speed chase through Charleston. The officer was alleged to have kicked the suspect several times after he was hand cuffed. This allegation brought about a federal investigation into the officer's conduct and then a federal indictment in Charleston. The officer was represented by criminal defense attorneys in Charleston. In this type of situation it is not uncommon for an officer to strike a subject during the arrest. There is a serious danger of harm and even death when a pursuit is on public streets at high speeds. There are several police departments throughout his country that have an unwritten policy regarding fleeing and resisting arrest. This policy at times is called a "Tune Up." The theory is that a defendant may walk on the charges at some point, but he is going to go for a ride to the jail.
In this case the suspect refused to stop and endangered the lives of civilians as well as the police officers. The United States Attorney makes the decision to present this case to the federal grand jury in Charleston. This is not a case that should have been indicted. There were no permenant injuries to the subject and it appears his record was extensive. This was not the case to make an example for the othe police officers in Charleston. Having defended police officers in Miami for very serious violations, this does not come up to the level of a federal indictment. This case could have been handled within the department.
The officer was sentenced in the Federal Courthouse in Charleston by Judge Norton to 8 months in a halfway house and 8 months home detention. All federal judges review the United States Sentencing Guidelines when determining an appropriate sentence. In this case the officer most likely had no prior record and his criminal history was a catagory 1. Judge Norton also noted at the sentencing that the suspect failed to appear and had minor injuires related to the incident. The sentencing phase of this type of federal case is critical. A good Charleston federal defense attorney will prepare a sentencing memorandum to assist the defendant at sentencing. Federal Judges review these defense memorandums prior to sentencing.
Police Officers also have federal rights that go beyond the norm. Garrity is a case that allows officers to cooperate with an internal investigation without criminal prosecution. This right can back fire without a good attorney. Our South Carolina Defense attorneys are experienced in handling Garrity issues.
Our Charleston defense attorneys are experienced in defending police officers. We have defended police officers and federal agents for various criminal offense. If you need a criminal defense lawyer in Charleston please call our office.
