Date Posted:17:31:03 06/15/03 Sun Author:Dan Subject: In regard to gay bashing by police I wanted to share the following story. I8 year old boy assaulted by off duty police officer who called him "faggot" as he inflicted a severe beating on the 115 pound teen ager. In reply to:
John
's message, "Hate Crime Laws" on 10:32:11 06/10/03 Tue
Hate Crime by Police Officer Alleged
Friday, 22 June 2001
LINCOLN, R.I. -- Charges of anti-gay harassment and official misconduct have been levied against an officer of the police department in Lincoln, Rhode Island, in a case that could end up costing the town more than $1 million in civil damages.
The Pawtucket Times reports 18-year-old Jesse Ousley charges that officer Kevin Harty assaulted him last summer on the street during a traffic confrontation. The young man's Providence-based attorney, Robert Caron, told the Pawtucket Times the officer called his client a "faggot" as he inflicted a "severe beating."
Caron said Ousley was standing in the roadway with his back to oncoming traffic when Harty, off-duty and driving his own car, came to a screeching halt behind him.
Caron said, Ousley, angry and frightened by how close Harty's car had come to him, spun around and slammed his hands down on the car's hood. Harty, then, according to Caron, exited the car and attacked the 115-pound teen-ager, spewing anti-gay invective.
Caron said Ousley tried to flee only to be chased down and attacked again by Harty.
As the assalt continued, numerous calls by onlookers were made to 911. Ousley was later transported by ambulance to an area hospital for treatment of injuries that included a bloody nose, two black eyes and numerous contusions including marks left on his neck from Harty's attempt to strangle him.
The Pawtucket Times reports Town Solicitor Mark Krieger has been made to respond to allegations that members of the town's police department destroyed evidence, altered documents and lied after the alleged attack. Krieger said the accusations are "wholly without merit."
Caron says Ousley contacted the station and made several attempts to have the incident investigated. He was repeatedly rebuffed. Criminal charges against Ousley were were filed 18 days after the incident and only after it became clear the young man had contacted an attorney and intended to press charges against the off-duty officer.
Justice Pamela Macktaz found the teen innocent of the two charges, assault and disorderly conduct. In her decision, the judge said that it was clear it was the teen who had suffered an assault, not Harty as the police had claimed.
In response to the town solicitor's denial, Caron said, "It's quite striking that they can say that in the light of Judge Macktaz's findings."
Apart from filing the $1 million claim against the town, Caron has called for state and local police to conduct a criminal investigation into Harty's alleged actions. Caron has accused the police department of altering and omitting witness statements, including a transcript from a 911 call placed on the night of the incident.
Fitzgerald Himmelsbach, who serves as Providence Mayor Vincent Cianci's liaison to the gay and lesbian community, said hate crimes carried out by police against gays are nothing new. "Does it happen regularly?" he asked rhetorically. "I think so to a point."
According to Himmelsbach, three years ago almost 50 percent of the hate crimes reported in Providence listed police as defendants.
"They make it an issue of money, (not enough money to do anything) but ongoing training needs to be in place to tackle homophobia within the police force. These things need to come down from the top levels in our government."
