Sheriff: Lenoir County Deputy Won't Face Disciplinary Action
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Updated: 9:28 PM Sep 15, 2008
Sheriff: Lenoir County Deputy Won't Face Disciplinary Action
Authorities say a Lenoir County deputy seen punching an ECU fan was doing his job consistent with his training.
Posted: 10:03 PM Sep 7, 2008
Reporter: Lynnette Taylor/Bill Wilson/Heather King
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Lenoir County says their deputy seen punching a fan after the ECU-West Virginia game will not face any disciplinary actions from his department.

The deputy, who's name hasn't been released, was seen on video from ESPN hitting the fan with a closed fist.

In a news release this morning, Sheriff Billy Smith says after reviewing numerous videos he has determined the deputy was performing his job consistent with his training.

The sheriff says the deputy observed other officers struggling with a fan who was resisting. He says the deputy struck several times the leg area, a pressure point procedure designed to render a "sensation like a muscle spasm". Smith says it's designed to bring an unruly person under control.

On Friday, ECU police asked the SBI to take over the investigation into whether police used excessive force to keep fans off the football field. Pitt County's district attorney will review that investigation and determine whether any criminal charges should be brought.


The Kinston Police Department is responding the investigation of excessive force following the East Carolina - West Virginia football game. A press release Friday says the Kinston Department of Public Safety has concluded its investigation into the matter.

Kinston did receive one formal complaint from the football game. It was in reference to a pre-game incident that ended with charges of resist, obstruct and delay, along with two charges of damage to personal property.

The press release says officials have tried to make contact with people involved in the post-game scuffle, but describe the cooperation as "limited." Kinston officials also say "alcohol consumption played a role in the actions of some spectators involved in altercations."

Kinston Police recommends that ECU conduct an independent review of the events that led to the excessive force claims, to prevent future problems.

The press release noted that any personnel actions taken against employees are confidential and not public record.



PREVIOUS STORY: ECU police say they have completed an initial inquiry into complaints that excessive force was used against fans who stormed the field after the West Virginia game.

University spokesman John Durham tells WITN News that ECU will not bring any charges against any officer involved with what happened Saturday. Durham says that's because a mutual-aid agreement says any charges would have to be brought by the police officer's own department and not ECU police.

ECU police chief Scott Shelton refuses to identify officers who have been identified in the video tapes or even what agencies they belong to, citing personnel laws. He has forwarded the information to the appropriate law enforcement agencies for their own investigations. He said any disciplinary action would have to come from the officer's departments.

ECU says for the remainder of the football season the university will reduce the number of outside agencies and will only use officers from within Pitt County.

Chancellor Steve Ballard said the university will review its game-day protocols and training to make sure everything possible is done to protect the safety of fans and players at the game. "Safety is paramount," Ballard said. "Everything starts with that."

Ballard says university police will work with both the Athletics Department and the Student Government Association to educate students about the dangers of rushing onto the field after a game.

Meanwhile, Kinston police say they've received no complaints from anyone involved with what happened Saturday. In WITN's video, several officers who appear to be wearing Kinston police uniforms were seen body-slamming one fan, and physically restraining another.

Kinston police say they're still awaiting information from ECU police on what happened.



Previous Story

It's been confirmed that it was a Lenoir County deputy seen on ESPN video punching a fan with a closed fist.

That from Major Chris Hill with the Lenoir County Sheriff's Department this morning.

On the tape the deputy in a brown uniform is seen repeatedly striking a fan who made it on the ECU field after Saturday's win over West Virginia.

Yesterday, the student who claimed to be punched said it was a Lenoir County deputy who hit him.



There are now at least three different investigations in claims that police officers used excessive force after Saturday's East Carolina game.

ECU police say they are looking into the allegations after video from WITN and ESPN showed police officers tackling fans, some who were punched when they tried to take the field after the big win over West Virginia.

ECU police chief today said three people were arrested after the game on disorderly conduct charges. Chief Scott Shelton says one of those arrested required treatment at Pitt County Memorial Hospital.

Shelton says they continue to review video tape from various sources of what happened, but today the chief could not give a timetable on when their investigation would be complete.

One student who claims to have been beaten by officers after the game tells WITN News that it was four or five Lenoir County deputies who attacked him. That student, who doesn't want to appear on camera because of possible litigation, says at one point he was grabbed on all four limbs and was struck on the shoulder and neck.

ECU Police say there were four other agencies assisting them with security at the game. WITN has made contact with every law enforcement department involved in the game coverage. All the agencies we contacted, except Lenoir County, said it was not one of their officers or deputies involved in punching that fan on the field. When contacted this afternoon, Major Chris Hill with Lenoir County offered "no comment".

Another student tells WITN that as he was attempting to climb the fence onto the field a Greenville police officer charged the fence, pushing him off. Spokesman Corporal Kip Gaskins confirms it was one of their officers seen in that video and there is a departmental investigation underway.

On the video it also shows several officers in gray shirts tackling several other fans. Kinston Public Safety says their officers do wear gray uniform shirts. Spokesman Woody Spencer tells WITN that right now there is an investigation underway whether any of their officers were involved.



Kinston Public Safety Statement:

The Kinston Department of Public Safety has initiated an investigation into the events surrounding the incident involving Law Enforcement Officers that occurred at the completion of the ECU Football Game.

The Kinston Department of Public Safety has provided support to the ECU Police Department for a number of years and has done so without incident. The investigation will be thorough and will include the actions of the Officers and events leading up to the confrontation.

It is the policy of the Kinston Department of Public Safety to investigate officer actions in a fair and responsive manner. The professional conduct of our officers reflects on the entire organization and is held to the highest standard.

Additional information will be released upon completion of the investigation.



PREVIOUS STORY
Students say they watched fellow students get punched, pushed, body-slammed and "clothes-lined" by Law Enforcement.

Video captured by our cameras show several students running passed law enforcement. Then an uniformed officer is shown grabbing a fan, then picked up and slammed to the ground. Two other officers also jumped on top of the fan, holding him down. The video shows an another uniformed officer run over towards the two others.

ESPN also caught the same scene moments later. A different angle shows the same lawmen punching the subject on the ground.

Fans on the field and in the stands say they heard the announcer tell the crowd --to not rush the field, but hundreds still did. We got reaction from ECU students who were there last night.

Tyler Pearce said, "I think the cops kinda took it too far. We just beat a top 10 ranked team and we weren't even up there, so there was a lot of excitement."

Efron Whitehead said, "I really do think they were overreacting, cause the students weren't doing any harm to anybody. They weren't any streakers or any were just all running and celebrations the victory with the team."

Briceson Vann adds, "They were initial doing their job, I'm not going to argue that fact, it just went over the top. Then on top of that we rushed the field anyway, so what was the point in going that far if they let 40 thousand plus on the field." and Timmy Bakes says,

" You never know they could have had good reason to do that, cause they just seemed like they were in a big crowd and they just threw'em down."


Latest Comments

Posted by: Robert Hudson Location: Jacksonville. N.C. on Sep 25, 2008 at 06:00 PM

The police officers present more than likely didn't attend college. If they did, they would have had previous exposure to the environment at college football games. Plus, I was present that day. I was present in the Pirate Club section with my nephew. He is a senior at Rocky Mount Senior High. I had no valid explanation to present to him why those students were being treated the way they were. Good people make bad decisions. This cop made a bad decision. But, for him not to be punished for his actions will have a negative impact on the relationship between him and some in the community within Lenoir County. I have read comments where some of you endorse being beaten for running on the field during a game. Running on the field during a game is breaking a rule, not a law.
[ Report Abuse ]
Posted by: To Native Pirate Location: NC on Sep 18, 2008 at 04:33 AM

I think you are confusing "students" with "fans". Anyway, apparently ECU needs to take those measures too. Remember the big fights we at a Ficklen in the early nineties? The one at the Syracuse game involved about 60 "fans". After that ECU brought in Dept. of Correction busses for transport and holding in case mass arrests were necessary. They parked them right about where the fans jumped the fence at the WVU game, in full view of the fans. Funny thing was, after that no more huge fights erupted. I guess the sight of those DOC busses made people understand ECU was serious. At NCSU they really DO have officers on the field with huge canisters of O.C. and so far it has worked. They also actually enforce alcohol laws in the lots and stadium. Not just ejections for them, you get a citation or arrest too. They solved their problems. The ECU administration needs to grow a spine and solve theirs. We don't want to be second rate to NCSU do we? Well right now, we are.
[ Report Abuse ]
Posted by: Native Pirate on Sep 17, 2008 at 09:02 PM

NCState has to take those measures. Their student body makes ECU's student body look like little darlins. The adults are worse than the students at state. They are a first class bunch, let me tell'ya.
[ Report Abuse ]

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