Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 27, 1995 TAG: 9510270046
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: DIANE STRUZZI STAFF WRITER
DATELINE: LENGTH: Medium
Angry over what he perceived as a light sentence given a man for assaulting a police officer, a top Roanoke police supervisor has written a strong complaint to the prosecutor and chief judges.
In a highly unusual move, Maj. Donald Shields wrote a letter to General District Judge William Broadhurst, who sentenced Marlon Johnson to 30 days for assault and battery of an officer and another 30 days for impeding a police officer.
Copies of the letter, dated Oct. 24, also were sent to Chief Circuit Judge Roy Willett, Chief General District Judge Julian Raney Jr., Commonwealth's Attorney Donald Caldwell, Police Chief M. David Hooper and The Roanoke Times.
Shields wrote: "When officers are injured in the line of duty - in this case while attempting to serve papers from the court - they must know that the same court will deal with this type of offender in such a manner as to deter similar behavior in the future ... to let the officers and the public know that a court has rendered justice.
"If the police officers observe Milquetoast wrist slaps delivered to those who have seriously injured a fellow officer, the danger exists that some officers may be tempted to render 'street justice,' as in the Rodney King incident.
"Judge Broadhurst, we must never allow this feeling to prevail in our community."
In an interview, Shields said the reference to "street justice" was not meant as a threat, but is an attitude that public officials need to be aware of. That attitude does not exist within the Police Department, the community or the city, he said.
"And we can't allow that to ever happen in our communities," he said. "But I know human nature and how bitter our officers sometimes get when they see courts not supporting them. We must guard against it ... and never allow it to occur.
Broadhurst declined to comment.
The question before Broadhurst during an Oct. 17 hearing was whether Johnson's actions were accidental or intentional.
Johnson contended that he did not intentionally push the officer down the stairs; rather, he brushed by him, causing the officer to lose his balance and fall, according to Johnson's attorney, Rick Buchanan.
"I wouldn't have been surprised if [Broadhurst] found my client guilty and had given him a much stiffer sentence," Buchanan said. "On the evidence, it could have gone either way."
Johnson could have received up to 12 months in jail and/or a $2,500 fine on each of the two misdemeanor charges - assault and battery and impeding a police officer.
Broadhurst sentenced Johnson to 30 days for each offense, to be served consecutively. But assuming Johnson receives good time in jail, he will serve about one month.
"I understand why the police are so upset," Buchanan said. "One of their own was injured. ... But if, indeed, the incident was an accident, then the sentence was not unfair."
On Sept. 28, Sgt. Cyril Goens accompanied two patrol officers to Johnson's apartment while they served a felony warrant on him for unauthorized use of a motor vehicle. Johnson had been paroled recently after serving nearly four years for shooting and killing a man during an argument, according to court documents.
"He cooperated up to a point with us," Goens said in a telephone interview. "But all of a sudden, he broke" from the other officer and pushed Goens, who fell down a flight of stairs. The fall rendered Goens semiconscious and broke his elbow and hand.
The elbow injury may result in some permanent disability. Goens has been out on workers' compensation since the fall and expects to return to his shift after Nov. 22.
"Johnson didn't get a scratch," Goens said. "It speaks well for [the other officers] that they were able to maintain their composure."
Officer Tracy Bishop suffered a broken finger trying to apprehend Johnson. Officers used pepper spray to subdue him and shackled his hands and feet to control him, police said.
Chief Assistant Commonwealth's Attorney Betty Jo Anthony said her office considered charging Johnson with a felony, but decided it would be more efficient to handle the case in General District Court, where they expected a judge to impose a lengthier sentence.
Staff writer Laurence Hammack contributed to this story.
by CNB