JACKSON, Miss. (AP) — The Mississippi Department of Public Safety said Friday its internal investigation found no criminal conduct by a white Highway Patrol trooper who used physical force against a handcuffed Black man during of an arrest – a confrontation filmed by relatives of the arrested man.
An investigation has been launched after video of relatives of the August 5 incident went viral. Footage showed the soldier putting a handcuffed man in a chokehold and wrestling him into a grassy ditch in a rural area near the southern Mississippi town of McComb.
The department and investigators from two of its divisions, the Mississippi Highway Safety Patrol and the Mississippi Bureau of Investigation, said they had completed all necessary investigations.
“A review of this incident by MBI officers and command personnel has produced no evidence of criminal conduct on the part of the soldier throughout the encounter,” said Mississippi Warden Lt. Col. Charles Haynes. Bureau of Investigation, in a press release.
The Department of Public Security released nearly 40 minutes of video and audio. It included video shot by cameras in the soldier’s patrol car, audio captured by the soldier, and video shot by the brothers of the first man arrested. Although some footage of the patrol car is silent, the department said it synchronized video and audio clips.
Part of the footage shows Eugene Lewis standing in the road in handcuffs as his brother Gary, who also goes by the name “Packer” Lewis, and another brother, Derrius Lewis, shouted as they were recording the incident. Suddenly, the soldier grabbed Eugene Lewis by the neck and pulled him across the road, pinning him to the ground. At one point, the soldier appeared to use his knee to pin him down.
Investigators identified the soldier as Hayden Falvey. In the combined video and audio, Lewis can be heard saying to Falvey, “I can’t breathe,” to which the soldier replied, “You run your mouth. You can breathe.
According to the press release, Falvey arrested Lewis for speeding and other traffic violations. He also said Falvey alleged he smelled burning marijuana in the vehicle and Lewis’ eyes were bloodshot and glassy.
In footage and audio from the patrol car’s dashboard released on Friday, Falvey can be heard telling Eugene Lewis, “Have you smoked weed lately?”
Lewis replied that he had done it about 40 or 50 minutes earlier.
“OK,” Falvey said as he patted Lewis. “Not much.”
Falvey handcuffed Lewis, saying it was a precaution as he searched Lewis’ SUV. The officer said Lewis was not under arrest at the time and asked him several questions to find out if he had ever been arrested and if there was marijuana or other drugs in the vehicle. Lewis said he had been arrested before for selling cocaine.
During the search of the soldier’s vehicle, Gary and Derrius Lewis arrived in a Dodge Charger, pulled over, and got out of their vehicle. They identified themselves as the brothers of Lewis. After a brief exchange with Falvey, the brothers left. They quickly returned to shoot video on their cellphone at the start of the soldier’s physical altercation with Eugene Lewis.
After Falvey put Eugene Lewis in the patrol car and buckled his seat belt, Lewis used obscenities against the soldier.
“I’m glad you feel that way, sir,” Falvey replied.
A video shot by one of Eugene Lewis’ brothers showed the arrival of another state trooper. It also showed one of the soldiers walking towards the two brothers and pointing a gun at one of them.
The soldiers arrested Eugene Lewis’ two brothers. In the audio released on Friday, Falvey can be heard telling the men that they shouldn’t have stopped to shoot a video.
“Your brother is going to jail,” Falvey said. “Now you all pay fees for your stagings.”
Packer Lewis said his brothers were released from jail that night, but he was held for two more days due to a past charge on his criminal record. He said he faced nine counts related to the incident, including obstruction of justice. Eugene Lewis also faces eight counts and Derrius Lewis faces five counts.
Tindell defended the soldiers’ decision to arrest the brothers who filmed the incident.
“While the DPS and MHSP recognize and respect the right of citizens to observe, and even record, law enforcement officers in the performance of their duties, these rights are not without limits,” Tindell said in the press release. “As you will see, this event is a prime example of how even a routine traffic stop can quickly turn into a dangerous situation for citizens and law enforcement when subjects resist arrest and when uninvolved people are interfering.”
Michael Goldberg et Emily Wagster Pettus, Associated Press