Feds won't charge former Asheville officer in beating of black pedestrian

Joel Burgess | The Citizen-Times

Show Caption Hide Caption APD chase, beat man they say jaywalked Warning: This video contains graphic content. An Asheville police body camera captured this encounter near the corner of Biltmore and Short Coxe avenues in August 2017.

ASHEVILLE - Federal prosecutors will not charge the former city police officer whose beating of an unarmed black pedestrian set off a storm of community outrage and sparked renewed concerns over police treatment of minorities.

Multiple federal agencies investigated the August beating of Johnnie Rush, who an officer said was jaywalking as he crossed a largely deserted street just before midnight and shortly after finishing his shift at a Cracker Barrel restaurant.

“The U.S. Attorney’s Office for the Western District of North Carolina, the Justice Department’s Civil Rights Division and the Federal Bureau of Investigation conducted a thorough and independent review of all evidence related to this case," U.S. Attorney Andrew Murray said in a statement issued Friday afternoon.

"After careful examination, the U.S. Attorney’s Office has determined that the evidence does not give rise to a prosecutable violation of the federal criminal civil rights laws,” said Murray, who is the U.S. Attorney’s Office for the Western District of North Carolina.

The statement said the U.S. Attorney’s Office takes civil rights violations involving law enforcement officers “very seriously.”

“We ensure such allegations are investigated fully and completely,” the statement said.



Former officer Chris Hickman will still face criminal charges under state law. He was arrested March 8 and charged with felony assault by strangulation, misdemeanor assault inflicting serious injury and misdemeanor communicating threats.

Hickman left the department in January. The Citizen Times obtained Hickman’s body cam video and published the video on its website in February. Footage showing the white officer beating, choking and shocking Rush with a stun gun ignited sweeping public criticism, including from top city officials.

His next appearance in Buncombe County District Court is set for Aug. 21.

Rush’s attorney, James Ferguson, is engaged in talks with the city over a civil settlement. He could not be reached late Friday. The U.S. Attorney’s Office announced the decision around 4 p.m.

Hickman’s attorney said he expected a similar outcome in the state judicial system.

“My client is pleased with the federal government’s decision to decline prosecution,” Thomas Amburgey said. “Mr. Hickman never intended to violate the civil rights of Mr. Rush. I am confident that when a jury hears all relevant evidence in this case, he will be acquitted.”

Asheville Black Lives Matter President Delores Venable said she was “highly disappointed” in the U.S. Attorney’s decision.

Of the different potential actions taking place surrounding the incident, Venable said she had been most interested in the potential of civil rights charges.

“I need for people to understand this is a human rights issue,” she said.

“The definition of insanity is to do the same thing over and over again and expect different results. We cannot as a civilized society keep acting like we don’t see what’s going on.”



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