Asheville police beating video shows officer using lethal force, department says

ASHEVILLE - Newly released videos of a police officer beating a black pedestrian show the officer using lethal force, a police department spokeswoman said Tuesday.

The comment from the spokeswoman came a day after the court-ordered release of nine pieces of body cam footage related to the August beating that has sparked widespread outrage and led to the firing of the city manager.

The actions of the officer, Chris Hickman, "displayed in the video are considered a choke hold," said spokeswoman Christina Hallingse. "Pursuant to the Asheville Police Department's use-of-force policy, choke holds and strikes with an instrument, other than hands or fists, above the shoulders, are considered lethal force."

Officers can use such lethal force when they have a reasonable belief it's needed to prevent themselves or another from being seriously harmed, Hallingse said. Otherwise, a choke hold is considered excessive force.

Police have said Hickman used excessive force after stopping Rush on allegations he was jaywalking while crossing a street with little traffic and trespassing by cutting through the parking of a closed business while on his way home.

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Hickman resigned from APD in January and is now facing criminal charges stemming from the beating of pedestrian Johnnie Rush, including felony assault by strangulation.

Hickman's attorney Thomas Amburgey said violating APD's use-of-force policy isn't the same thing as committing a crime.

"The Asheville Police Department is entitled to have their opinions in regards to what does or doesn't comply with their policy," Amburgey said. "Whether or not that makes my client guilty of a crime will be determined inside a courtroom in front of a jury."

Like the public, Monday was the first time that City Council saw the body cam footage, which a Superior Court judge ordered released at 2 p.m.

The council had petitioned the court to release the footage to aid in public understanding of what happened.

The release of footage came a month after the Citizen Times posted on its website a recording from Hickman's body camera that was leaked and given to the newspaper by a source.

The newly released videos were from six officers at the scene, including Hickman.

They showed parts of a first encounter with Rush in the minutes before the midnight Aug. 24 beating, when police trainee Verino Ruggiero approached him about jaywalking and trespassing.

They also show different angles of Rush being choked and shocked with a Taser by Hickman and the aftermath, including his arrest and questioning by a supervising officer Sgt. Lisa Taube.

Mayor Esther Manheimer said the new public footage was "horrifying" and "traumatic," like that of an original video published Feb. 28 by the Citizen Times.

"It's going to be important that our community comes together to change the practices in the police department so we can better partner with our community to keep our community safe," Manheimer said.

The videos have resulted in public outrage at a time when police have worked to restore relationships with minority communities.

She noted reforms the city is pursuing that include the formation of a human relations commission, the funding of a non-city attorney to help people with complaints against police and a policy of starting criminal investigations into such incidents immediately.

With Hickman, Police Chief Tammy Hooper started a non-criminal administrative investigation right away, but waited nearly four months before asking District Attorney Todd William's opinion about pursuing a criminal investigation.

Hooper said she planned to fire Hickman but he resigned the same day. Taube, the supervising officer, was disciplined for "unsatisfactory performance" and made to undergo retraining.

In new footage from Taube's body camera, she can be seen arguing at length with Rush while he tries to give his account of what happened.

Video shows he was repeatedly struck in the head by Hickman while being held to the ground.

Rush in the video asks for medical attention and Taube asks for what part of his body, to which Rush responds, "All of my face. My shoulders and my whole body."

Taube says, "Well, they can maybe provide you a band-aid, but you have no blood."

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Asked what she thought about the actions of other police at the scene, the mayor said it was the job of the district attorney to determine criminal violations. In terms of violations of APD policy, the chief is the one to oversee officers, Manheimer said.

In Asheville's government structure, the council only directly supervises a few employees, including the city manager. The city manager then oversees department heads such as the police chief.

"Ultimately, it is the chief's decision how to discipline and train her employees," she said. "And I"m sure everyone has an opinion about what they see in the videos and what repercussions should flow from it. Me too."

Hooper did not respond to an email and text seeking comment.

Manheimer said her support for the chief retaining her job, which she voiced amid public uproar shortly after the February video release, had not changed.

"The ultimate goal in regard to policing is for us to be able to keep our community safe, and that is what I try to keep in mind."