Ex-Russell County deputies sentenced to prison

MONTGOMERY, Al.
Two former Russell County deputies were sentenced to prison Friday by a federal judge, stemming from the Nov. 26, 2010, beating of a handcuffed man in Smiths Station.

U.S. District Judge Mark E. Fuller sentenced Timothy Watford, 42, to 34 months in prison late Friday afternoon and to pay more than $5,000 in restitution, to the victim, Patrick Harrington, 32. Watford was convicted by a federal jury to deprivation of rights under color of law on Sept. 1.

Kirby Dollar, 37, agreed to make a guilty plea last August in exchange for a possible reduced sentence. Fuller obliged Friday morning, issuing a punishment of 46 months in prison, also with more than $5,000 in restitution payable to Harrington.

“Good police officers have to be trusted and we must rely on them to do their jobs,” U.S. Attorney Nathan Stump told the court before Dollar’s sentence was read. “We expect more of our police officers than this.”

The judge agreed but also made note of the victim’s criminal history.

“There is no dispute that Mr. Harrington has displayed his inability to follow the law,” Fuller told the court. “But we cannot have individuals in these positions (officers) violate the public’s trust.”

“These convictions and sentences demonstrate that the use of excessive force cannot be tolerated," said Thomas E. Perez, Assistant Attorney General for Civil Rights. “The vast majority of police officers do an outstanding job in protecting both the community and the rights of the accused, even in stressful situations. But when police officers use excessive force to punish arrestees, they will be held accountable.”

On the night of Nov. 26, 2010, Dollar, Watford and former Phenix City police officer Rachel Hauser were at a party at Dollar’s home when they received word that bail bondsmen had apprehended Harrington — who was wanted for outstanding warrants and had a criminal history — at a Smiths Station garage.

The officers, who were off duty, arrived at the garage in a squad car and found Harrington already handcuffed by the bail bondsmen, who said they called the officers as a courtesy.

In prior court testimony, both Dollar and Watford admitted they struck Harrington, who suffered permanent injuries to his right eye and leg and a ruptured ear drum.

“The man was assaulted after he’d been brought to the ground, tased twice and handcuffed,” Stump told the court. “He was not provoking anyone. He didn’t bring this upon himself. In many cases, law enforcement officers have to walk a fine line. This wasn’t that situation. They were off duty and out of jurisdiction. Mr. Dollar left a family party to go beat this man up and take vengeance against a man who was unarmed.”

In prior court testimony, Dollar said he intended to beat the victim upon arriving at the garage. Watford said he simply slapped Harrington after the wounded victim spat blood on him after Dollar’s attack.

Hauser was not charged in the incident.

Dollar, Watford, Hauser, former Russell County Sheriff Tommy Boswell and the city of Phenix City are still defendants in an $8 million civil lawsuit by Harrington, who is alleging civil rights violations and emotional distress.