A Fayette County sheriff's
deputy used appropriate, but not excessive, physical force to arrest an
armed robbery suspect after a high-speed chase through Fayetteville last
month, officials said Tuesday.
The suspect's attorney was
"greatly exaggerating" in charging last week that his client
was beaten by arresting officers, according to the Fayette County Sheriff's
Department.
A videotape of the incident
showed the tactics used on Melvin Mitchell were not abusive, said Maj.
Bruce Jordan, director of investigations for the Sheriff's Department.
The deputy's duty status has not changed, Jordan said.
"If something was blatantly
abusive, we would have changed his duty status, but the use of force was
not that bad," Jordan said.
Fayetteville Police Chief Johnny
Roberts said no Fayetteville officers used force during the incident.
The police department has already reviewed the matter, he noted, pointing
out that the sheriff's department made the arrest and Fayetteville police
"took custody after they apprehended him."
The deputy told investigators
that force was used to subdue Mitchell because the suspect wouldn't reveal
his hands after he was ordered to do so, Jordan said. The suspect could
have been hiding a weapon, Jordan said, adding that Melvin Mitchell and
his twin brother Marvin were armed during the robbery of the Ingles grocery
store minutes before their arrest.
As it turned out, both suspects
were unarmed when they were arrested, having left their guns in the vehicle,
Jordan said. Deputies had no way of knowing that at the time, Jordan added.
The Mitchells were pursued
on foot by Fayette County deputies and Fayetteville police officers after
bailing out of their car once it struck another vehicle at the intersection
of North Jeff Davis Drive and Ga. Highway 85. Jason Trotman of Union City,
the driver of the SUV that had stopped for a traffic light, was pronounced
dead at the scene.
The collision ended a pursuit
led by a Fayetteville police officer which reached speeds over 100 mph,
according to police.
Melvin and Marvin Mitchell
face murder charges for Trotman's death, along with armed robbery, kidnapping
and a host of other related charges.
Melvin Mitchell's attorney,
Dwight Thomas of Atlanta, claimed last week that Mitchell was "viciously
beaten" when he was arrested. But Jordan countered that Tuesday,
saying Melvin Mitchell was treated at the hospital "mainly for the
injuries he received in the accident."
"He (attorney Thomas)
is greatly exaggerating the nature of what's on the video," Jordan
said. "... The only wounds found on him (Melvin Mitchell) were ones
caused by the wreck."
Jordan declined to give specifics
about the deputy's tactics to subdue the suspect, saying the matter is
part of an internal investigation to make sure no department policies
were violated.
The department's internal investigation
on the incident is expected to wrap up next week, Jordan said. The videotape
will also be reviewed by an expert on defense tactics to insure that the
appropriate amount of force was used, Jordan added.
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