From [HERE] Eunice Police Chief Ronald Dies (in photo below) said an investigation by outside agencies into a dashcam recording of a white police officer appearing to use excessive force on a Black man could begin as early as Monday.
Dies said Wednesday he would bring in Louisiana State Police and the FBI into his own investigation of the videotaped assault of an unarmed, handcuffed Black man. Archillus Hebert, 24, was eventually charged with driving while intoxicated, no driver’s license, no proof of insurance and resisting an officer (how many lies will be acceptable to a jury?).
The video, which surfaced in media reports Wednesday, shows a Feb. 10 (as in 9 months ago) traffic stop initiated by Officer Richard Abadie. The officer pulled over Hebert, 24, in his white ’90s-model Oldsmobile Cutlass at 1:15 a.m. after he observed him swerve several times as he drove down U.S. 190. It was recorded using the camera mounted to the front of Abadie’s police cruiser. There were no passengers in the car.
Abadie, after telling Hebert he smelled alcohol on Hebert’s breath and noticed his bloodshot eyes, ordered Hebert exit his car for a sobriety test. After Hebert stood behind his car as he was ordered, he raised his right arm as if shielding his eyes from the police car lights or inserting something in his mouth. Abadie and two other officers wrestled Hebert to the ground and, after a struggle, handcuffed him after he did not surrender whatever he was apparently holding. That is, he did not say or do anything to threaten the white officers before he was slammed down to the ground.
After cuffing Hebert, Abadie stood him up and began frisking and asking him incriminating questions (no Miranda given) . He repeatedly ordered him to say what he had put in his mouth or was holding. After Hebert said, “No, I ain’t had nothin’ in my hand, sir!” Abadie immediately grabbed him by the neck and slammed his head against his car.
“Quit yellin’ at me! You understand?!” Abadie shouted. “Who the hell do you think you’re talkin’ to?!”
One of the officers assisting in the arrest can be heard telling Abadie to “chill out” at that point. None of the other officers present did anything to intervene. Abadie brought Hebert into his police cruiser after that.
Hebert, having failed a subsequent breathalyzer test, was arrested on driving while intoxicated, no driver’s license, no proof of insurance and resisting an officer charges. He bonded out of Eunice City Jail shortly after the arrest.
He was unarmed. No drug charges were filed. No drugs or drug paraphernalia were found in the car and officers did not report smelling any drugs in the car or on Herbert's clothing. If officers reasonably believed Herbert was on drugs they could have given him a urine or blood test to detect drug impairmant instead of the breathalyzer -BW.
The leak of the video spawned numerous media reports and public outcry and Dies announced the investigation later that day.
“The FBI is coming in Monday to sit down with us and we’ll go from there,” Dies said Friday.
Dies indicated both the contents of the video and the source of the leak are being investigated. Police unit recordings are considered public record, but Dies said no one filed a public information request for the video and contends it was acquired while the case against Hebert was open, which bars it from public record. He said he had no idea how the video materialized outside of his department.
“There may be some legal or criminal liability in place here,” he said. “That’s why we’re bringing in the FBI, so they can make the call.”
Abadie has not been placed under any type of leave for the investigation and remains working as normal.
“We have to find substantial evidence that something illegal was done and, right now, we don’t have that,” Dies said. “He’s got rights just like everyone else.”
Dies said putting Abadie on leave without such evidence leaves the department open to a lawsuit. [MORE]