FBI raises questions amid Asheville police brutality probe

ASHEVILLE - FBI agents in January questioned a man beaten by a city police officer, raising questions about the likelihood of a federal civil rights investigation.

Agents from the Charlotte office of the Federal Bureau of Investigation in late January interviewed city resident Johnnie Jermaine Rush about his encounter with Asheville police officer Chris Hickman, Rush said.

In now widely viewed footage captured by his body camera, Hickman, who is white, can be seen beating, shocking with a stun gun and choking Rush, who is black, following an Aug. 24 confrontation about jaywalking and trespassing. Rush, 33, had cut through the parking lot of a business that was closed for the day.

Charges against Rush, including assaulting a government official and traffic offenses, were dropped by Buncombe County District Attorney Todd Williams.

The Citizen Times posted a copy of the video online Wednesday and a story by the newspaper unleashed a furor of criticism of police for the incident and for not informing city leaders or residents about the encounter. Police Chief Tammy Hooper Thursday offered a published apology to Rush.

Asheville police opened a criminal investigation against Hickman Jan. 18, according to a memo obtained by the Citizen Times. He resigned Jan. 5.

FBI agents first called Rush to set up a Jan. 25 appointment, he said.

"She (the agent) started explaining to me why they called me," Rush said.

An FBI spokeswoman did not respond to an email and voicemail left Friday morning asking about the agency's involvement. It is unclear whether the agency has continued its involvment.

On the day of the visit, agents showed Rush their badges and they left cards with the names special agents Shawnda Drummond and Bill Estevez.

Agents interviewed him for a little over an hour, he said, asking about details of the police encounter in which he was beaten and shocked while pinned to the ground. They left a number he could call to get follow-up information, though he said he hasn't yet called.

"They said to me that they were sorry for what happened to me, even though I had apologized myself. They said I didn’t have any need to apologize."

Hooper said Wednesday she had no knowledge of FBI involvement.

Hickman could not be reached.

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FBI involvement in local police activities usually has two justifications, said David Shapiro, a former FBI special agent and assistant legal advisor who is now a professor at the John Jay College of Criminal Justice in New York.

One is suspicion of police extortion activities, Shapiro said.

"And the other one is a civil rights violation. It sounds like that is what this could be. It sounds like the more likely pathway."

A tip, complaint or news story can alert agents to a potential violation. The next step is a preliminary inquiry during, which agents decide whether to start a full-blown investigation, the third step, Shapiro said.

"It's probably a good sign they are looking into it."

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