A federal grand jury has indicted two former Birmingham police officers in connection with the 2008 beating of an already-unconscious suspect that was captured on videotape.



David Wayne Doran and Barrett G. Dewitt are charged with using unreasonable force, according to the U.S. Department of Justice and U.S. Attorney Joyce White Vance. According to the indictment, they violated the victim's civil rights by depriving him of his Fourth Amendment constitutional right to be free of unreasonable seizures, which includes the right to be free from the use of unreasonable force by someone acting under the color of law.

[Read the indictment here.]



Three other former officers fired after the incident was made public -- Thomas Cleveland, Kenneth Prevo and Heath Boackle--were not named in the indictment released today.

Lawyers representing some of the officers involved said they are pleased to finally see the case move forward.

"We haven't seen the indictment but Officer Dewitt welcomes the opportunity to clear his name," said attorney Stephen Wallace.

Efforts to reach Doran's attorney weren't immediately successful.

Gayle Gear, who represents Birmingham's Fraternal Order of Police, agreed with Wallace.

"We are so pleased to have an opportunity to present this to a federal jury," Gear said. "They're not guilty."

As for the three fire officers who weren't indicted, Gear said, "Absolutely this clears them."



The beating of Anthony Warren happened in January 2008 after a chase by several law enforcement agencies. The officers were fired when the video was made public in May 2009.



The one-count indictment claims Dewitt and Doran aided and abetted one another in striking the individual they were arresting with their fists, feet and a baton. The blows caused bodily injury to the Warren, the document says.



Three months after the tape was released, two supervisors were suspended in connection with the incident.



Another sergeant and lieutenant had hearings before the chief but weren't disciplined.



The 22-minute chase on Jan. 23, 2009, involved nine police cars, and included officers from Birmingham, Hoover and the Jefferson County Sheriff's Office.



It began near the downtown police headquarters when a North Precinct officer tried to question Warren about suspicious behavior. It ended up around the Riverchase Galleria, where on U.S. 31 the Ford van driven by Warren struck and injured a Hoover police officer on foot. Throughout the chase, the video shows Warren weaving through heavy traffic, cutting off motorists and crossing multiple lanes at speeds authorities said exceeded 100 mph.



The chase ended on a ramp onto I-459 when a police cruiser nudged the van, causing it to flip.



Warren was thrown out of the diver's side window, landing face down and apparently unconscious.



Officers converged on him, beating him even though he never moved.

On the video, Warren made no defensive moves as he was beaten with billy clubs, punched and kicked.



The video lasted 12 seconds before officers stepped back and a sixth officer turned off the camera.



Warren was charged with attempted murder of Hoover Sgt. Michael Lucas but later pleaded guilty to first-degree assault and is serving a 20-year sentence.



Warren filed an excessive force lawsuit against the cities of Birmingham and Hoover, 10 former and current Birmingham police officers, and a Hoover police officer. A federal judge last month dismissed the city of Hoover and its officer from the lawsuit.



In a statement issued today, Vance said, "Most law enforcement officers work every day to protect us and they earn our confidence by performing their duties with honor and integrity. Police officers who use unreasonable force must be brought to account so that we can all feel safe and have trust in the officers who are there to protect us."



Birmingham police beating video

News staff writer Kent Faulk contributed to this report.