Hudspeth lawsuit cites city, police culture of excessive force against blacks

Originally published in The Times (Shreveport, LA) March 16, 2004
By Don Walker

donwalker@gannett.com

Federal authorities are just days shy of publicly releasing the findings of a nearly yearlong investigation into the March 15, 2003, shooting death of Marquise Hudspeth by Shreveport police officers -- an incident that is now subject of a $10-plus million lawsuit filed against the city of Shreveport.

U.S. Attorney Donald Washington said Monday he could have the results of the federal probe in hand by week's end.

"The last FBI report was turned over to the U.S. Justice Department on March 5. Their civil rights section will prepare a memorandum or statement of law and opinion on whether a violation of a criminal nature occurred," Washington said Monday. The findings will then be released to the U.S. attorney's office.

"I expect that report possibly by the end of the week, but more likely next week,'' Washington said. He said federal officials have not determined how the information will be made public.

"We will likely have a meeting with the victim's family and go over our findings, our decision, and then hold a press conference,'' he said.

The lawsuit filed by Shreveport attorney Hersy Jones names Mayor Keith Hightower and former police chief Jim Roberts among defendants. It claims they condoned and cultivated a culture of the use of excessive force against blacks by Shreveport police officers "by the practice of an official 'code of silence' policy.''

The suit was filed with little fanfare, without press conferences or public statements, in U.S. District Court in Shreveport on March 8, seven days before the one-year deadline for filing a civil claim.

Hightower, who said he became aware of the suit late in the week, said "We'll try it in court.''

"Anytime you're sued, you're concerned,'' he said. "We will be there on opening day of the trial.''

Hudspeth, 25, was fatally shot after running a red light that led to a brief pursuit by police. At Hearne Avenue and Midway Street, Hudspeth brandished a cell phone and pointed it like a gun at officers, two of whom opened fire. The lawsuit claims Hudspeth was hit 10 times in the back, though previous reports frompolice were that Hudspeth was hit eight times. The shooting was caught on police patrol car video monitors.

"The allegations in the suit speak for themselves,'' Jones said Monday. He filed the suit on behalf of Hudspeth's family, including his surviving spouse, Lakesha Hudspeth, three children, Hudspeth's mother and brothers and sisters. The suit seeks a jury trial.

Among claims cited by Jones in the lawsuit:

஁® Officers did not activate body microphones, or cruiser microphones. "We do not accept the fact thatMarquise Hudspeth was pointing the cell phone as a gun. With the absence of audio from body or car microphones from the officers, it's ambiguous. He could have been responding to a request from the officers to show me what's in your hand,'' Jones said.

஁® Officers were able to observe Hudspeth did not have a gun in his hands. "There's no evidence ofMarquise Hudspeth saying 'I'm using this as a gun.' No statement where he says, 'Get back or I'll shoot.' Nothing like that,'' Jones said. "It's the officers' speculation he's using it as a gun.''

"I'm saying what happened in this incident is the public has jumped to conclusions in believing officers' speculation,'' Jones said.

The lawsuit also names officers Michael Armstrong, Denver Ramsey and Steven Hathorn as defendants. The shooting was ultimately ruled justifiable by Caddo District Attorney Paul Carmouche.

Of the lawsuit, Shreveport lawyer Edwin Byrd, who represents the officers, said only "we will respond to the allegations in accordance with the pleading and pleading deadlines.''

The lawsuit claims police failed to provide Hudspeth prompt medical attention, and that officers were not properly trained in proper procedures for making a legal arrest, the use of deadly force to stop a fleeing suspect, and the duty to give a warning prior to using deadly force.

Fifteen shots were allegedly fired at Hudspeth by officers Ramsey and Hathorn.

The suit cites a history of the use of lethal force against blacks by Shreveport police. Investigations into similar shootings have also led to declarations that officers' actions were not in violation but consistent with the training, policy and procedures of the Police Department.

"What we attempt to do in the lawsuit is outline the conduct of each of the two shooters and to break up the whole incident that took place that night,'' Jones said. "It was unfairly treated as one quick incident, but there were really various incidents and there were two shooters. There was no justification for the repeated shots and no justification for Ramsey to join in the shooting frenzy. The video tape shows when all shots were fired Marquise Hudspeth was walking way, and they were four to five seconds after the alleged pointing of the cell phone."

Police referred comment to the city attorney's office. Assistant City Attorney Ed Jones said Monday, "We've just been served with the lawsuit. At any time we don't comment on pending litigation.''

Hudspeth's uncle, Mike Taylor, said Monday he was aware the lawsuit had been filed.

"A lawsuit all by itself cannot bring closure,'' he said. "Everything that's happening, the good Lord wants to bring unity to this community and will use whatever means necessary to bring that about. It's going to take people working together, law enforcement and civilians, practicing the golden rule."

©The Shreveport Times
March 16, 2004