"Beardsley Stomp" lands cops in federal prison

Elson Morales was sentenced to three months in prison followed by six months of U.S. Probation supervision. Morales chose to plead guilty to a federal misdemeanor charge of depriving a person of their constitutional rights after a video showed the officer kicking a downed suspect in Beardsley Park in Bridgeport, Conn. less Elson Morales was sentenced to three months in prison followed by six months of U.S. Probation supervision. Morales chose to plead guilty to a federal misdemeanor charge of depriving a person of their ... more Photo: Autumn Driscoll Buy photo Photo: Autumn Driscoll Image 1 of / 9 Caption Close "Beardsley Stomp" lands cops in federal prison 1 / 9 Back to Gallery

BRIDGEPORT -- On the streets it always will be remembered as the "Beardsley Stomp."

But that 57-second video, which led to the arrest, prosecution and resignation of two city police officers caught kicking a downed suspect landed the pair a federal prison term.

Elson Morales and Joseph Lawlor were each sentenced Thursday to three months in prison followed by six months of probation for depriving Orlando Lopez Soto of his constitutional rights.

"Every police officer must know the consequences of crossing the constitutional line ... It's not just loss of employment but loss of liberty," U.S. District Judge Jeffrey A. Meyer said after seeing more than a dozen police officers at both sentencings. "With great power comes great responsibility."

And the judge also suggested the city consider specialized training to help officers control their emotions during a stressful situation like the high-speed May 20, 2011, chase of Lopez Soto, a gun-toting, crack dealing felon.

Morales, 43, and Lawlor, 42, both informed the judge that they never had such training when volunteering for the Violent Crime Initiative Unit.

Both officers apologized for letting emotions and anger control their actions that day.

The officers' actions -- caught on videotape and viewed almost 400,000 times on YouTube -- cracked the already "fragile vulnerable relations people have with police," the judge concluded.

High-stress job

Police and community relations have turned violent in several nationwide cases recently, and the reaction was particularly harsh after investigators cleared an officer in the fatal shooting of a Ferguson, Mo., teenager.

Even in the Beardsley Park case, a federal jury acquitted a third cop, Clive Higgins, who was also captured on the video. That prompted Scot X. Esdaile, statewide president of the National Association for the Advancement of Colored People, to call it "a miscarriage of justice."

During jury selection for Higgins' trial "about a third of the seventy five " citizens called had "seen the video or read about the case," Meyer disclosed Thursday.

The judge said some were so "visibly affected" that he had sidebar discussions with them.

As a result, Meyer said in these technological times no police officer should be surprised if "in a public park, in broad daylight" a recording surfaces of a brutal arrest.

On that day in 2011, Timothy Fennell just happened to be in the park and witnessed Lopez Soto being shot with a stun gun, kicked and stomped by the officers. Lopez Soto's injuries were limited to cuts and bruises.

What further concerned the judge was Fennell's testimony during Higgins' trial.

After recording the incident, Fennell pulled the flash card out of his camera and hid it inside the gas cap of his car for safekeeping, the judge said.

"Part of what he was thinking was, `maybe I'm next, maybe the officers will come after me,' " Meyer said. "That testimony underscores the fragility and great vulnerability of people and their relationship with the police."

In addition to damaging the department's reputation and public trust, Meyer said the incident cost city taxpayers $198,000. That's the price the city paid to settle a civil brutality lawsuit brought by Lopez Soto and his lawyer, Robert Berke.

Still, Lopez Soto, who is serving a five-year state prison term for twice being convicted of possessing crack and loaded guns, advised the court in a letter that he neither wanted the officers fired or incarcerated.

On the day of the stomping, Lopez Soto was targeted by the department's Violent Crime force for drug dealing. A loaded gun, crack and marijuana were found in his car.

"We were watching Orlando Lopez Soto for a long time," Lawlor told the judge.

When he and Morales attempted to stop Lopez Soto, an admitted homeless man living in a van, he led them on a high-speed chase through narrow and heavily trafficked East Side streets.

"He almost hit a car with a lady and two small children," Lawlor said. "Then he goes around a school bus letting children off."

By the time, Lopez Soto entered Beardsley Park, his vehicle's tires were ruined and he was riding on two rims.

"This chase was probably one of the most stressful I've been on," said Lawlor. He blamed his actions on the high-stress of the chase, anger generated by the victim's actions and adrenaline.

"I shouldn't have let my emotions get the best of me. I over-reacted. I truly apologize. I appreciate that Lopez Soto moved on...and didn't want us to lose our jobs or go to jail."

Morales, who graduated as a valedictorian from Bullard Havens Technical School, also apologized. Both he and Lawlor have found new jobs.

Police in prison

On June 10, 2014, both Lawlor and Morales chose to plead guilty to the federal misdemeanor and faced only a maximum of one year in prison.

Higgins, however, rolled the dice with his lawyers: assistant U.S. public defenders Paul Thomas and Kelly Barrett. The jury acquitted him of a felony excessive force violation that carried a maximum 10-year term.

"When a police officer uses unreasonable force, he both violates the victim's civil rights and undermines the community's trust in law enforcement," said U.S. Attorney Deirdre Daly. "The vast majority of Bridgeport Police Department members, and all law enforcement officers, are public servants who dedicate their lives to protecting the public. However, any police officer who crosses the line during an arrest risks federal prosecution and...incarceration.

On Thursday, both Michael Fitzpatrick, Morales' lawyer, and J. Robert Gulash, who represents Lawlor, reminded the judge that any prison term for a police officer is tougher than one imposed on the average criminal defendant.

They said that prison officials have to make sure the officer is protected from violent, retaliatory acts -- which often means they are incarcerated in far away states. They also are segregated from other prisoners.

Lawlor will be the first to be handed prison khakis when he enters a yet-to-be-designated facility on March 9. Morales' entry date is April 10.