From [HERE] and [HERE] CHARLOTTE, N.C. --After an internal investigation by Charlotte-Mecklenburg police, no criminal charges will be filed against three officers in the arrest of Malcolm Springs. Witnesses say Springs, who shot and injured an officer, was beaten by police.
Police were chasing Springs because he was suspected in an armed robbery and attempted murder on West Trade Street. Police say Springs shot Officer Harrison in the leg and Harrison in return shot Springs in the torso.
Eight residents who witnessed Springs' capture told the Observer that officers went too far after handcuffing Springs. The witnesses said officers hit, kicked and stomped Springs as he lay near the sidewalk. The witnesses said they didn't see Springs - who is thin and about 6 feet tall - resisting officers. [MORE]
"They were beating him," said Wade Miller, who said he watched from his front door, about 20 feet away. "He was handcuffed. I didn't see the man moving."
Another witness said, "the gun was nowhere. He was lying in a ditch. Three cops were beating the crap out of him for five to seven minutes, even more,” said witness Sharon Allen. The FBI is also looking into Springs’ arrest to see if police actions violated Springs’ civil rights.
"Did they strike Mr. Springs? Yes they did. Were kicks delivered? Yes they were,” said CMPD Deputy Chief Kerr Putney.
But, Putney says, it appears the three officers arresting Springs acted appropriately and even showed restraint.
CMPD policy allows reasonable use of force to overcome resistance and police say Springs was resisting.
"Mr. Springs was not adhering to the commands that were made. He was not giving them their hands as he was requesting them to do,” Putney said.
Now, an internal review board will decide if those officers went too far - and if they did - what punishment they should get. Or, if the hitting and kicking police admit occurred was justified. That decision is expected within 30 days.
Police say they interviewed witnesses and police several times, leaving no stone unturned because of the seriousness of the allegations.
A key piece of evidence the review board will use is an audio recording of Malcolm Springs’ arrest on Garibaldi Avenue on March 20. In it, police say you can hear officers and Springs struggle.
There is no video of the altercation because the arrest happened on the ground and not in sight of police dashboard video cameras.