A top official at the Fayette
County Sheriff's Department will be demoted for "mishandling evidence"
relating to the March arrest of twin brothers who led police on a chase
through Fayetteville after the armed robbery of a grocery store. (See
related stories on this page.)
Ken Rose, an 18-year veteran
of the department, will be demoted two ranks from major to lieutenant,
confirmed sheriff's Maj. Bruce Jordan. Rose is serving a weeklong suspension
without pay at the discretion of Sheriff Randall Johnson based on incomplete
results of a pending internal affairs investigation, Jordan confirmed.
The investigation, which has
not been completed, revealed that Rose withheld a video from a sheriff's
patrol unit that depicted a deputy using physical force to handcuff one
of the armed robbery suspects, according to sources.
Upon his return, Rose will
be reassigned to the metro area customs task force, Jordan said. The position
was previously vacant, and the department participates to assist with
federal investigations which relate to Fayette County.
Rose, who previously served
as head of the department's patrol division, has been replaced on an interim
basis by Capt. Tommy Nations, Jordan said. There will be no change in
the level of service to local residents, Jordan added.
District Attorney William McBroom,
who has viewed a copy of the tape showing the physical arrest, said he
will wait for the final results of the department's internal affairs investigation
before deciding how to proceed. The FBI has also reviewed a copy of the
tape, McBroom confirmed.
Rose was initially suspended
with pay, but that changed to an unpaid suspension after the sheriff determined
evidence in the internal affairs investigation substantiated claims that
Rose withheld evidence.
"We don't feel like he
has done anything criminally wrong," Jordan said. "We just punished
him administratively."
The deputy who used physical
force on armed robbery suspect, Melvin Mitchell, 22, told investigators
that Mitchell refused to show his hands after being ordered to do so,
Jordan said. At the time, officers believed Mitchell might have been hiding
a weapon, Jordan said.
The physical force used by
the deputy was appropriate and no action was taken against him, Jordan
said last week. Mitchell was attempting to evade capture on foot after
wrecking the car he drove away from the Ingles grocery store in south
Fayetteville after it was robbed at gunpoint, police said.
An attorney for Mitchell who
was later charged with murder because his vehicle struck and killed another
motorist claimed police brutally beat him while making the arrest.
"Look at his face,"
attorney Dwight Thomas told a throng of reporters and television cameras
after a recent hearing in Fayette County Magistrate Court.
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