CORRECTION AND UPDATE: This morning, I picked up the news report above from Fox 16 relative to a decision on whether to prosecute deputies shown on surveillance video using force in the arrest of a drug suspect.
Chief Deputy Prosecutor John Johnson says my report was in error. The office has only declined to prosecute the drug suspect, Martin McClain.
A separate investigation continues into the beating of McClain by the two deputies. Johnson said the office is still awaiting additional information, including more video footage than the snippets shown on YouTube and in this news account. No final decision has been reached by the office, he said.
The only charge nolle prossed was the charge against McClain, Johnson said.
I wrote incorrectly earlier, based on the Fox 16 report,
that there had been a decision not to prosecute the deputies.
Martin McClain Jr. told the station he tried to run while being arrested for a drug deal.
"Next thing you know — I"m getting bashed in the head and robbed by police officers," he said. "They didn't act like cops that day. I had no idea they were officers. They never tried to talk to me or interface with me. They should be in prison."
Roughly six months later, prosecutors opted not to pursue the charges against McClain.
Court transcripts show that prosecutors told the judge that after reviewing the investigation and actions depicted on the gas station surveillance footage of McClain being beaten by officers, they did not feel they could meet the burden of proof beyond a reasonable doubt.
… Two of the officers in the video, Adam Robertson and Joseph Breaux were both suspended for violating use of force policies. Robertson has since been removed from the unit and placed on patrol. According to a Pulaski County Sheriff spokesperson, Breaux remains on the NARC unit.
McClain's lawyer, David Lewis, said he's working on a civil complaint over this case and other activities of the narcotics unit.