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Friday, September 2, 2011

Jury finds ex-Russell County deputy guilty in beating


Tim Watford
Former Russell County sheriff’s deputy Tim Watford’s head dropped as a federal jury found him guilty for his part in the beating of a handcuffed man in 2010.
The large man covered his face and cried as the federal jurors confirmed the verdict on Thursday evening. In the gallery a few feet away, his wife sobbed.
“I think it was a reasonable verdict, but it was disappointing,” defense attorney Joel Collins said.
Prosecutors declined to comment.
The jury took about four hours to find Watford guilty of violating the rights of Patrick C. Harrington, who was beaten as he lay in handcuffs in a Smiths Station parking lot on Nov. 26, 2010.
Watford was convicted of deprivation of rights under the color of the law and aiding and abetting for his part in the beating. The charge carries a possible sentence of 10 years and as much as a $250,000 fine.
A sentencing date for Watford, who remains free on bond, has yet to be set. Collins said there are no immediate plans for an appeal, but he had yet to talk with his client.
Attorneys for the state argued Watford willfully acted as a law enforcement officer when he assisted during an attack that left Harrington with severe injuries.
“Two police officers who were sworn to uphold the law brutally beat a handcuffed man,” prosecution attorney Ben Hawk said during closing arguments.
The defense argued Watford did not know that fellow former Russell County deputy Kirby Dollar planned to assault Harrington and was not responsible for the injuries.
“I think his friend got him in trouble,” Collins said.
Dollar and Watford both admitted striking Harrington. Dollar testified he intended to beat Harrington when he arrived on scene.
“I did not know what was going to happen …” Watford said. “I don’t think anybody knew it was going to happen but Kirby.”
Watford testified he only slapped Harrington as a reflex after the restrained man spat blood on him while the former deputy examined his injuries after Dollar’s attack.
“I wasn’t going to do anything else,” Watford said. “I didn’t want to do what I did; I just wanted to get the stuff off me.”
At the time, Watford said he feared he would catch a disease from Harrington, reportedly an intravenous drug user.
Witnesses estimated the attack lasted from mere seconds to minutes.
The 12-person jury heard three days of testimony by Harrington, the former deputies, a former Phenix City narcotics officer who accompanied Dollar and Watford on the night of the attack, and the bondsmen who captured Harrington on Nov. 26, 2010.
Dollar, Watford and then-Phenix City police investigator Rachel Hauser say they left a party at Dollar’s home, where they had been drinking, to drive to the scene of Harrington’s capture after receiving a phone call from one of the bondsmen. All three said their actions, including waiting to report the incident to superiors or other law enforcement until the next day, were colored by the bonds of friendship.
“I was there because my friend asked me to go,” Watford said.
After arriving in an unmarked police car and turning on its blue lights, Dollar reportedly began an immediate attack on Harrington with Watford joining later and Hauser watching from a distance.
After the incident, the three officers were suspended without pay before resigning on Dec. 2, 2010.
The jury was tasked with deciding whether Watford was acting as a law enforcement officer; willfully exceeded his authority under state law; whether his actions resulted in bodily injury to Harrington; and whether he deprived Harrington of his rights under U.S. law.
During the trial, testimony about Harrington’s detainment and his assault by the deputies offered varying accounts of what happened. The bondsmen who captured Harrington while he was sleeping in a pickup truck said the deputies punched, slapped, kicked, choked and stepped upon the man while he was on the ground.
“It was a failure of justice,” Assistant U.S. Attorney Nathan Stump said in closing remarks. “That night, the criminal became the victim, and the police became the criminals.”
Dollar and Hauser deny Harrington was choked or kicked, but say both men participated in the attack. Watford said only Dollar kicked and punched Harrington while he was on the ground. Harrington said both men attacked him.
On Wednesday, the doctor and nurse practitioner who examined Harrington after the beating testified he had cuts and abrasions to his face and knee, a fractured chin and a burst eardrum.
After initially pleading not guilty with Watford, Dollar changed his plea on Aug. 11 as part of an agreement in exchange for a possible reduced sentence and no further charges. Collins said a deal was discussed for his client, but they felt they had a defense strong enough to go to trial.
Dollar is scheduled to be sentenced in Montgomery on Nov. 18.

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