HUNTSVILLE, Alabama -- The Huntsville City Council has once again overturned Police Chief Lewis Morris' decision to fire an officer accused of misconduct.

On Thursday night, the council voted unanimously to put former officer Brett Russell back on the streets following a 30-day suspension without pay, completion of an anger management program plus remedial training in use of force, pressure point control and verbal judo.

Officer Phillip Lee Jr., reinstated by the council two weeks ago, was given a nearly identical punishment but must also attend remedial traffic stop training. Both officers will also be on probation for six months once they return to work.

"If it happens again, it's game over -- gone," said Councilman John Olshefski.

Morris, who fired the officers on May 21 for unrelated incidents late last year, made it clear to the council that he did not want to put Lee back on regular patrol.

"My strongest recommendation is that he is returned to a civilian, non-sworn position," said Morris.

Lee was accused of roughing up a handcuffed suspect last October and throwing a female motorist to the ground during a Dec. 13, 2011, traffic stop in Blossomwood.

Councilman Bill Kling suggested giving the chief the discretion to reassign Lee to any position within the police department, but that idea died when no one seconded the motion.

Olshefski, Will Culver and Richard Showers then voted to reinstate Lee as a patrolman following the unpaid suspension, remedial training and anger management. Kling and Council President Mark Russell voted no.

Both officers left City Hall without commenting, but Bill Davis, president of the local Fraternal Order of Police chapter, said he's pleased with the council's decision.

"They'll have to come back and do a model job, plain and simple," said Davis. "They can't come back and mess up."

Russell's attorney, Joe Lampley, said the council's unanimous vote for his client "speaks volumes."

"We're glad he'll be back at work as a uniformed officer," said Lampley. "He's a good person and a good officer. We're happy for him."

Russell was accused of using excessive force against a handcuffed suspect during a Dec. 23, 2011, arrest at America's Best Hotel on North Memorial Parkway. View a video of the incident here.



During the officer's hour-long appeal hearing Thursday afternoon, Assistant City Attorney Erin Dunagan said Russell struck Gary Wayne Hopkins several times with a closed fist and also used "knee drops."

Hopkins "was not resisting," said Dunagan. "Two other officers were holding his legs, and Brett Russell still felt it necessary to punch and knee the suspect."

Hopkins had to be treated for his injuries at Huntsville Hospital, and Dunagan said his personal belongings were found in the trunk of Russell's patrol car a week after the arrest.

Police policy requires any use of force by an officer to be documented in writing, but Dunagan said Russell did not mention in the arrest report that he struck Hopkins or that Hopkins was taken to the hospital.

Lampley described Hopkins as a semi-pro boxer with a "dislike for law enforcement" who had been drinking on the night of his arrest. Even after being handcuffed, Hopkins managed to kick out the back window of a police cruiser.

Lampley said an impartial hearing officer who reviewed the arrest described Hopkins as a "viper" capable of extreme danger to the officers at the scene.

Police have the discretion to use force if they "reasonably perceive" that a suspect is resisting, said Lampley, and Russell felt that Hopkins was turning his head to spit on a female officer.

"Officer Russell is permitted to use non-deadly force to bring that situation under control," Lampley said. "He prevented further hurt, harm and danger to other persons who were out there that evening."

Lampley asked the council to declare the earlier fact-finding hearing unfair because city officials waited until a week before to give Russell a copy of the arrest video. He said there was no time to hire an outside expert to review "the most crucial piece of evidence" against Russell.

Lampley pointed out that Russell is an ex-Marine who helped guard President Bush at Camp David, Md.

"Is that the person you want to fire, a person that becomes a bad officer overnight? I submit to you, no," said Lampley.

The police department's progressive discipline policy calls for verbal and written reprimands, additional training and suspension before an officer accused of misconduct is fired. Russell, assigned to the north precinct, had a spotless record before his encounter with Hopkins.

But Dunagan said the 44-year-old officer "should have had the judgment and maturity to know when to stop the application of force."

"Sometimes," she said, "an oral reprimand is not enough."

Olshefski said that while he agrees Russell and Lee used excessive force, he believes both officers can be rehabilitated.

"I've had soldiers get in trouble and end up becoming command sergeant majors," said Olshefski, a former Redstone Arsenal garrison commander. "I've seen rehabilitation work."

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