Attorney expects former Asheville police officer to be acquitted in beating

ASHEVILLE — The attorney for a former police officer who is charged with assault after beating an accused jaywalker said his client will be acquitted.

"Christopher Hickman served the city of Asheville for 10 years and received numerous commendations," said Hickman's attorney, Thomas Amburgey, in a statement. His comments came after Hickman's brief court appearance Monday morning.

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"It's unfortunate that so many individuals have rushed to judge my client. I am confident that when a fair and impartial jury hears the whole story that Mr. Hickman will be acquitted. Any notion that my client had any criminal intent to harm Mr. Rush is without basis."

Hickman, 31, faces charges of felony assault by strangulation, and misdemeanor assault inflicting serious injury and communicating threats. Body camera footage obtained by the Citizen Times showed Hickman in August 2017 beating Johnnie Rush after officers stopped him on suspicion of jaywalking and trespassing.

Rush is seen in the video being beaten in the head by Hickman, as well as choked. After a Taser is picked up, a clicking and humming noise is heard as Rush cries out in pain.

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Hickman resigned in January. The video, which is not considered public record under North Carolina law, was obtained and released by the Citizen Times in late February.

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Asheville city officials on Monday afternoon released additional footage of the event after successfully petitioning the court for permission. Buncombe County Superior Court Judge Mark Powell ruled it is in the public's interest to see footage from various officers' cameras.

Amburgey said before the release that he didn't plan to file an appeal to stop the release of the footage. Buncombe County District Attorney Todd Williams also has said he won't appeal.

Hickman did not speak while in court Monday. His case was continued to June 13.

Rush is represented by James Ferguson, a prominent Charlotte civil rights attorney who grew up in Asheville.

The FBI has opened an official investigation into the encounter.