2012. (St. Tammany Parish
Sheriff's Office)
By Heather Nolan, NOLA.com |
The Times-Picayune
A state district judge has
decided a former Covington police officer was not justified when he used a Taser on an arrestee multiple
times while the man was in a police department holding cell in 2012.
Nicholas Harper, 31, was convicted Tuesday of one count of misdemeanor simple
battery.
Judge Richard Swartz sentenced
Harper to one year of probation. He also must serve 10 days in the parish jail
starting June 16, and he must pay a $500 fine.
Harper was fired in April of
2013 following an internal investigation into the Nov. 20, 2012, incident.
Harper was accused of using a Taser three times on George Davis Jr., who was
handcuffed and in a holding cell at the Covington Police Department.
Swartz said in his ruling that
Harper "might have been justified" the first time he used force on
Davis. Twelve minutes passed between the first and third instance, according to
courtroom testimony, and Swartz said Harper should have left the holding cell
before using the Taser the third time.
"He was not provoked by
any act of Mr. Davis," Swartz said. "Refusing to sit does not justify
use of force."
Harper testified that he
stunned Davis with the Taser after he refused to comply with his verbal
commands to sit down inside of the holding cell.
"I felt very reasonable
with that level of force," Harper said.
Prior to being stunned, Davis
bit former Officer Anthony Adams and caused him to bleed, according to
courtroom testimony. Davis then told the officer he was HIV positive.
Harper, noting he had never
been in a situation where he had to deal with a prisoner with an infectious
disease, said he feared for his life.
Lt. James Beach, who was
Harper's supervisor at the time, said he told Harper to use a Taser on Davis.
Harper took the cartridge out of the Taser so it wouldn't be as effective,
Beach said.
Beach said he was not present
when Harper stunned Davis the third time.
Davis was under arrest for
shoplifting and battery in connection with an incident at Acquistapace's
Supermarket. Store owner Adam Acquistapace testified Tuesday that a customer
saw Davis stealing liquor and meat from the store.
Store employees were able to
stop Davis from leaving and held him until officers arrived, Acquistapace said.
Davis, who Acquistapace said was aggressive and "acting crazy,"
struck him in the head.
Davis, who currently is in jail
for a charge unrelated to the shoplifting and battery charges, testified at
Tuesday's hearing.
Assistant District Attorney
Jack Hoffstadt showed video from inside the Covington Police Department's
booking room. In the video, Davis, 31, could be heard yelling profanities at
officers. When Davis was stunned with the Taser, he screamed loudly and
appeared to weep at one point.
Hoffstadt called Harper's
actions "totally inappropriate" and said they were "without
justification."
Covington Police Chief Tim
Lentz, who testified as an expert in police use of force, said there was
"absolutely not" any reason for Davis to be stunned. It was
"hard to justify any use of force" considering Davis's hands were
handcuffed behind his back, he said.
Lentz was hired as Covington's
police chief in October of 2013, almost six months after Harper was fired from
the force. He previously worked at the St. Tammany Parish Sheriff's Office.
Harper's attorney, Christine
Voelkel, said she and Harper were "very disappointed" by the judge's
ruling. She said they plan to appeal.
Adams also is charged with
simple battery in connection with the Nov. 20, 2012, incident. His case has not
yet gone to trial.
Harper recently filed a civil
lawsuit against his employers, claiming his firing was based on "improper
motive and malicious intent." In the suit, Harper asked for damages, lost
wages, and attorney's fees, among other things. He did not ask for his job
back. That lawsuit is pending.